Ala. Admin. Code r. 335-14-1-.02 - Definitions And References
(1)
Definitions.
(a) For the purpose of these
rules, the following words and phrases shall have the meanings given to them in
this rule and as given by law unless the context of ADEM Administrative Code
335-14 indicates differently.
1. "Aboveground
tank" means a device meeting the definition of "tank" in
335-14-1-.02 and that is situated
in such a way that the entire surface area of the tank is completely above the
plane of the adjacent surrounding surface and the entire surface area of the
tank (including the tank bottom) is able to be visually inspected.
2. "Aboveground used oil tank" means a tank
used to store or process used oil that is not an underground storage tank as
defined in rule
335-6-15-.02.
3. "Accumulated speculatively" or
"Speculative accumulation" means a material that is accumulated before being
recycled. A material is not accumulated speculatively, however, if the person
accumulating it can show that the material is potentially recyclable and has a
feasible means of being recycled; and that - during the calendar year
(commencing on January 1) - the amount of material that is recycled, or
transferred to a different site for recycling, equals at least 75 percent by
weight or volume of the amount of that material accumulated at the beginning of
the period. Materials must be placed in a storage unit with a label indicating
the first date that the material began to be accumulated. If placing a label on
the storage unit is not practicable, the accumulation period must be documented
through an inventory log or other appropriate method. In calculating the
percentage of turnover, the 75 percent requirement is to be applied to each
material of the same type (e.g., slags from a single smelting process) that is
recycled in the same way (i.e., from which the same material is recovered or
that is used in the same way). Materials accumulating in units that would be
exempt from regulation under
335-14-2-.01(4)(c)
are not to be included in making the calculation. Materials that are already
defined as solid wastes also are not to be included in making the calculation.
Materials are no longer in this category once they are removed from
accumulation for recycling, however.
(i) A
material is not accumulated speculatively, however, if the person accumulating
it can show that:
(I) the material is managed
in lined waste pile(s) which meet(s) the requirements of
335-14-5-.12 or tank(s) or
container(s) as those terms are defined in 335-14;
(II) the material is potentially recyclable
and has a feasible means of being recycled; and
(III) that, during the calendar year
(commencing on January 1), the amount of material that is recycled, or
transferred to a different site for recycling, equals at least 75 percent by
weight or volume of the amount of that material accumulated at the beginning of
the period. [In calculating the percentage of turnover, the 75 percent
requirement is to be applied to each material of the same type (e.g., slags
from a single smelting process) that is recycled in the same way (i.e., from
which the same material is recovered or that is used in the same way).
Materials accumulating in units that would be exempt from regulation under
335-14-2-.01(4)(c)
are not included in making the calculation. Materials that are already defined
as solid wastes also are not to be included in making the calculation.
Materials are no longer in this category once they are removed from
accumulation for recycling, however.]
(ii) Notwithstanding the preceding
requirements, pulping liquors (i.e., black liquor) subject to the exclusion
provided by
335-14-2-.01(4)(a)6.
are not required to be managed in lined waste pile(s) which meet(s) the
requirements of
335-14-5-.12 or tank(s) or
container(s) as those terms are defined in 335-14.
4. "Active life" of a facility means the
period from the initial receipt of hazardous waste at the facility until the
Department receives certification of final closure.
5. "Active portion" means that portion of a
facility where treatment, storage, or disposal operations are being or have
been conducted after November 19, 1980 and which is not a closed portion. (See
also "closed portion" and "inactive portion".)
6. "Active range" for the purposes of
335-14-7-.13 means a military
range that is currently in service and is being regularly used for range
activities.
7. "Acute hazardous
waste" means hazardous wastes that meet the listing criteria in
335-14-2-.02(2)(a)2.
and therefore are either listed in
335-14-2-.04(2)
with the assigned hazard code (H) or are listed in
335-14-2-.04(4)(e).
8. "ADEM" means the Alabama Department of
Environmental Management as established by Code of Ala.
1975, §
22-22A-4.
9. "Adequate notification" for the purposes
of 335-14-3-.08 means one meeting
the requirements of
335-14-3-.08(5)(a)
for each waste stream. An adequate notification shall be made for each
individual waste stream from each generator.
10. "Administrator" means the Administrator
of EPA or his designee.
11.
"Aerosol can" means a non-refillable receptacle containing a gas compressed,
liquefied, or dissolved under pressure, the sole purpose of which is to expel a
liquid, paste, or powder and fitted with a self-closing release device allowing
the contents to be ejected by the gas.
12. "Agreement State" for the purposes of
335-14-7-.14 means a State that
has entered into an agreement with the NRC under subsection 274b of the Atomic
Energy Act of 1954, as amended (68 Stat. 919), to assume responsibility for
regulating within its borders byproduct, source, or special nuclear material in
quantities not sufficient to form a critical mass.
13. "AHWMMA" means the Alabama Hazardous
Wastes Management and Minimization Act of 1978, as amended, Code of
Ala. 1975, §§
22-30-1, et
seq.
14. "Airbag
waste" means any hazardous waste airbag modules or hazardous waste airbag
inflators.
15. "Airbag waste
collection facility" means any facility that receives airbag waste from airbag
handlers subject to regulation under
335-14-2-.01(4)(j),
and accumulates the waste for more than ten days.
16. "Airbag waste handler" means any person,
by site, who generates airbag waste that is subject to regulation under
335-14.
17. "Ampule" means an
airtight vial made of glass, plastic, metal, or any combination of these
materials.
18. "Ancillary
equipment" means any device including, but not limited to, such devices as
piping, fittings, flanges, valves, and pumps, that is used to distribute,
meter, or control the flow of hazardous waste from its point of generation to a
storage or treatment tank(s), between hazardous waste storage and treatment
tanks to a point of disposal onsite, or to a point of shipment for disposal
off-site.
19. "Annual" means a
calendar year.
20. "Annually" means
once during each calendar year.
21.
"Application" for the purposes of 335-14-8 means the EPA standard national
forms for applying for a permit, including any additions, revisions or
modifications by the Department. Application also includes the information
required by the Department in
335-14-8-.02(5) through
(19) (contents of Part B of the
application).
22. "Aquifer" means a
geologic formation, group of formations or part of a formation capable of
yielding a significant amount of groundwater to wells or springs.
23. "Area of concern (AOC)" includes any area
having a probable release of hazardous waste or hazardous constituent which is
not from a solid waste management unit and is determined by the Department to
pose a current or potential threat to human health or the environment. Such
areas of concern may require investigations and remedial action as required
under Section 3005(c)(3) of the Resource Conservation and Recovery Act and ADEM
Admin. Code rule
335-14-8-.03(3)(b)2.
in order to ensure adequate protection of human health and the
environment.
24. "Authorized
representative" means the person responsible for the overall operation of a
facility or an operational unit (i.e., part of a facility), e.g., the plant
manager, superintendent, or person of equivalent responsibility.
25. "Battery" means a device consisting of
one or more electrically connected electrochemical cells which are designed to
receive, store, and deliver electric energy. An electrochemical cell is a
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.
26. "Battery breaking" for the purposes of
335-14-7 means the decapitation, cutting, or otherwise liberating the contents
of a lead-acid battery. This activity includes the separation of any component
of the battery from the other components (e.g., drainage of acid from a spent
lead-acid battery or removal of plates and groups from a spent lead-acid
battery).
27. "Boiler" means an
enclosed device using controlled flame combustion and having the following
characteristics:
(i)
(I) The unit must have physical provisions
for recovering and exporting thermal energy in the form of steam, heated
fluids, or heated gases; and
(II)
The unit's combustion chamber and primary energy recovery section(s) must be of
integral design. To be of integral design, the combustion chamber and the
primary energy recovery section(s) (such as waterwalls and superheaters) must
be physically formed into one manufactured or assembled unit. A unit in which
the combustion chamber and the primary energy recovery section(s) are joined
only by ducts or connections carrying flue gas is not integrally designed;
however, secondary energy recovery equipment (such as economizers or air
preheaters) need not be physically formed into the same unit as the combustion
chamber and the primary energy recovery section. The following units are not
precluded from being boilers solely because they are not of integral design:
process heaters (units that transfer energy directly to a process stream) and
fluidized bed combustion units; and
(III) While in operation, the unit must
maintain a thermal energy recovery efficiency of at least 60 percent,
calculated in terms of the recovered energy compared with the thermal value of
the fuel; and
(IV) The unit must
export and utilize at least 75 percent of the recovered energy, calculated on
an annual basis. In this calculation, no credit shall be given for recovered
heat used internally in the same unit. (Examples of internal use are the
preheating of fuel or combustion air and the driving of induced or forced draft
fans or feedwater pumps); or
(V)
The unit is one which the Department has determined, on a case-by-case basis,
to be a boiler, after consideration of the standards in
335-14-1-.03(12).
28. "Broker" for the purposes of
335-14-3-.08 means a person who
acts as an agent for a generator in return for a fee or commission.
29. "Bulked waste stream" for the purposes of
335-14-3-.08 means one in which
multiple waste streams have been physically mixed together into an individual
container or containers.
30.
"By-product" for the purposes of
335-14-2-.01 is a material that
is not one of the primary products of a production process and is not solely or
separately produced by the production process. Examples are process residues
such as slags or distillation column bottoms. The term does not include a
co-product that is produced for the general public's use and is ordinarily used
in the form it is produced by the process.
31. "CAMU-eligible waste" means all solid and
hazardous wastes, and all media (including groundwater, surface water, soils,
and sediments) and debris, that are managed for implementing cleanup, pursuant
to the requirements of
335-14-5-.19(1), (2), and
(3).
32. "Captive insurance" as used in
335-14-5-.08 and
335-14-6-.08 means insurance
provided by a company meeting any of the following conditions:
(i) Shares a common pool of assets as its
parent corporation,
(ii) Belongs to
the same economic family as its parent corporation,
(iii) Is wholly owned and/or capitalized with
funds provided exclusively by the parent company, or
(iv) Is a wholly owned insurance interest
operated and managed within the corporate family of the owner or operator for
the primary purpose of insuring risks from within the same corporate
family.
33. "Carbon
regeneration unit" means any enclosed thermal treatment device used to
regenerate spent activated carbon.
34. "Cathode ray tube" or CRT means a vacuum
tube, composed primarily of glass, which is the visual or video display
component of an electronic device. A used, intact CRT means a CRT whose vacuum
has not been released. A used, broken CRT means glass removed from its housing
or casing whose vacuum has been released.
35. "Central accumulation area" means any
on-site hazardous waste accumulation area subject to either
335-14-3-.01(7)
for large quantity generators; or
335-14-3-.01(6)
for small quantity generators. A central accumulation area at an eligible
academic entity that chooses to be subject to
335-14-3-.12 must also comply
with 335-14-3-.12(12)
when accumulating unwanted material and/or hazardous waste.
36. "Certification" or "Recertification"
means:
(i) A statement of professional
opinion based upon knowledge and belief.
(ii) For the purposes of
335-14-3-.08 and Appendices
thereto is a statement based upon knowledge and belief of the accuracy of the
information required by
335-14-3-.08.
37. "Certified delivery" for the purposes of
335-14-7-.14 means certified mail
with return receipt requested, or equivalent courier service, or other means,
that provides the sender with a receipt confirming delivery.
38. "Chemical agents and munitions" for the
purposes of
335-14-7-.13 are as defined in
50 U.S.C. section
1521(j)(1).
39. "Closed container" means a container with
a lid that is secured in a manner such that the waste will not leak if the
container is tipped over.
40.
"Closed portion" means that portion of a facility which an owner or operator
has closed in accordance with the approved facility closure plan and all
applicable closure requirements. (See also "active portion" and "inactive
portion".)
41. "Closure" for the
purposes of 335-14-8 means the act of securing a facility pursuant to the
requirements of Chapter 335-14-5.
42. "Closure plan" as used in
335-14-5-.08 and
335-14-6-.08 means the plan for
closure prepared in accordance with the requirements of
335-14-5-.07(3)
or 335-14-6-.07(3).
43. "College/University" for the purpose of
335-14-3-.12 means a private or
public, post-secondary, degree-granting, academic institution, that is
accredited by an accrediting agency listed annually by the U.S. Department of
Education.
44. "Commercial
hazardous waste disposal facility" is one receiving hazardous waste not
generated on site for disposal and to which a fee is paid or other compensation
is given for disposal.
45.
"Commission" means the Alabama Environmental Management Commission as
established by Code of Ala. 1975, §
2-22A-6.
46. "Component" means:
(i) Either the tank or ancillary equipment of
a tank system.
(ii) For the
purposes of 335-14-7 means any of the various materials and parts of a spent
lead-acid battery, including but not limited to, plates and groups, rubber and
plastic battery chips, acid, and paper/cellulose material.
(iii) For the purposes of 335-14-8 means any
constituent part of a unit or any group of constituent parts of a unit which
are assembled to perform a specific function (e.g., a pump seal, pump, kiln
liner, kiln thermocouple).
47. "Condition for exemption" means any
requirement in 335-14-3 that states an event, action, or standard that must
occur or be met in order to obtain an exemption from any applicable requirement
in 335-14.
48. "Confined aquifer"
means an aquifer bounded above and below by impermeable beds or by beds of
distinctly lower permeability than that of the aquifer itself; an aquifer
containing confined groundwater.
49. "Consolidated waste stream" for the
purposes of
335-14-3-.08 means one in which
multiple waste streams are grouped together in individual containers for
shipping purposes, but are not physically mixed together.
50. "Contained" means held in a unit
(including a land-based unit as defined in
335-14-1-.02(1)(a))
that meets the following criteria:
(i) The
unit is in good condition, with no leaks or other continuing or intermittent
unpermitted releases of the hazardous secondary materials to the environment,
and is designed, as appropriate for the hazardous secondary materials, to
prevent releases of hazardous secondary materials to the environment.
Unpermitted releases are releases that are not covered by a permit (such as a
permit to discharge to water or air) and may include, but are not limited to,
releases through surface transport by precipitation runoff, releases to soil
and groundwater, wind-blown dust, fugitive air emissions, and catastrophic unit
failures;
(ii) The unit is properly
labeled or otherwise has a system (such as a log) to immediately identify the
hazardous secondary materials in the unit; and
(iii) The unit holds hazardous secondary
materials that are compatible with other hazardous secondary materials placed
in the unit and is compatible with the materials used to construct the unit and
addresses any potential risks of fires or explosions.
(iv) Hazardous secondary materials in units
that meet the applicable requirements of 335-14-5 and 335-14-6 are
presumptively contained.
51. "Container" means any portable device in
which a material is stored, transported, treated, disposed of, or otherwise
handled.
52. "Containment building"
means a hazardous waste management unit that is used to store or treat
hazardous waste under the provisions of rules
335-14-5-.30 or
335-14-6-.30.
53. "Contamination" means the presence of any
hazardous constituent in a concentration that exceeds the naturally occurring
concentration of that constituent.
54. "Contingency plan" means a document
setting out an organized, planned, and coordinated course of action to be
followed in case of a fire, explosion, or release of hazardous wastes or
hazardous waste constituents which could threaten human health or the
environment.
55. "Corrective action
cost estimate" for the purposes of
335-14-5-.08 means the most
recent of the estimates prepared in accordance with
335-14-5-.08(10).
56. "Corrective action management unit
(CAMU)" means an area within a facility that is used only for implementing
corrective action or cleanup at the facility, pursuant to the requirements of
335-14-5-.19(1), (2), and
(3).
[Note: All regulated units included in a CAMU remain subject to all applicable requirements, including but not limited to, the requirements of rules 335-14-5-.06, 335-14-5-.07 and 335-14-5-.08, Chapter 335-14-8, and the unit specific requirements of 335-14-5 and 335-14-6 that applied to the units prior to their incorporation into the CAMU. See 335-14-5-.19(1)(b).]
57. "Corrective action plan" for the purposes
of 335-14-5-.08 means the plan(s)
which describes the corrective actions to be performed in accordance with the
requirements of
335-14-5-.06(11) and
(12).
58. "Corrosion expert" means a person who, by
reason of his knowledge of the physical sciences and the principles of
engineering and mathematics, acquired by a professional education and related
practical experience, is qualified to engage in the practice of corrosion
control on buried or submerged metal piping systems and metal tanks. Such a
person must be certified as being qualified by the National Association of
Corrosion Engineers (NACE) or be a registered professional engineer who has
certification or licensing that includes education and experience in corrosion
control on buried or submerged metal piping systems and metal tanks.
59. "CRT collector" means a person who
receives used, intact CRTs for recycling, repair, resale, or
donation.
60. "CRT Exporter" means
any person in the United States who initiates a transaction to send used CRTs
outside the United States or its territories for recycling or reuse, or any
intermediary in the United States arranging for such export.
61. "CRT glass manufacturer" means an
operation or part of an operation that uses a furnace to manufacture CRT
glass.
62. "CRT processing" means
conducting all of the following activities:
(i) Receiving broken or intact CRTs;
and
(ii) Intentionally breaking
intact CRTs or further breaking or separating broken CRTs; and
(iii) Sorting or otherwise managing glass
removed from CRT monitors.
63. "Current closure cost estimate" as used
in 335-14-5-.08 and
335-14-6-.08 means the most
recent of the estimates prepared in accordance with
335-14-5-.08(3)(a), (3)(b), and
(3)(c) or
335-14-6-.08(3)(a), (3)(b), and
(3)(c).
64. "Current post-closure cost estimate" as
used in 335-14-5-.08 and
335-14-6-.08 means the most
recent of the estimates prepared in accordance with
335-14-5-.08(5)(a), (5)(b), and
(5)(c) or
335-14-6-.08(5)(a), (5)(b), and
(5)(c).
65. "CWA" or "Clean Water Act" for the
purposes of 335-14-8 means the act formerly referred to as the Federal Water
Pollution Control Act and the amendments to that act.
66. "Daily" means once during each day of the
year.
67. "Day" means a day of the
year.
68. "Department" means the
Alabama Department of Environmental Management as established by
Code of Ala. 1975, §
22-22A-4.
69. "Designated facility" means:
(i) a hazardous waste treatment, storage, or
disposal facility which:
(I) has received a
permit (or interim status) in accordance with the requirements of
40 CFR, Parts
270 and
124,
(II) has received a permit (or interim
status) from a state authorized in accordance with 40 CFR Part 271 ;
(IV) that has been designated on the manifest
by the generator pursuant to
335-14-3-.02(1).
70. "Designated facility" also means a
generator site designated on the manifest to receive its waste as a return
shipment from a facility that has rejected the waste in accordance with
335-14-5-.05(3)(f)
or 335-14-6-.05(3)(f).
(i) 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.
71. "Destination facility" means a facility
that treats, disposes of, or recycles a particular category of universal waste,
except those management activities described in
335-14-11-.02(4)(a) and
(c) and
335-14-11-.03(4)(a) and
(c). 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.
72. "Dike" means an embankment or ridge of
either natural or man-made materials used to prevent the movement of liquids,
sludges, solids, or other materials.
73. "Dioxins and furans (D/F)" means tetra,
penta, hexa, hepta, and octachlorinated dibenzo dioxins and furans.
74. "Director" means the Director of the
Department, appointed pursuant to Code of Ala. 1975,
§
22-22A-4, or his
designee.
75. "Discharge" or
"hazardous waste discharge" means the accidental or intentional spilling,
leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste
into or on any land or water.
76.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking,
or placing of any hazardous waste into or on any land or water so that such
hazardous waste or any constituent thereof may enter the environment or be
emitted into the air or discharged into any waters including
groundwaters.
77. "Disposal
facility" means a disposal site. The term disposal facility does not include a
corrective action management unit into which remediation wastes are placed but
does include all hazardous waste management units within a corrective action
management unit.
78. "Disposal
site" means the location where any ultimate disposal of hazardous waste
occurs.
79. "Do-it-yourselfer used
oil collection center" means any site or facility that accepts/aggregates and
stores used oil collected only from household do-it-yourselfers.
80. "Domestic sewage" means untreated
sanitary wastes that pass through a sewer system.
81. "Draft permit" for the purposes of
335-14-8 means a document prepared under
335-14-8-.08(4)
indicating the Department's tentative decision to issue or deny, modify, revoke
and reissue, terminate, or reissue a permit. A notice of intent to terminate a
permit and a notice of intent to deny a permit are types of draft permits. A
denial of a request for modification, revocation and reissuance, or termination
is not a draft permit. [See
335-14-8-.08(4).]
A proposed permit is not a draft permit.
82. "Drip pad" is an engineered structure
consisting of a curbed, free-draining base, constructed of non-earthen
materials and designed to convey preservative kick-back or drippage from
treated wood, precipitation, and surface water run-on to an associated
collection system at wood preserving plants.
83. "Electronic manifest" or "e-Manifest"
means the electronic format of the hazardous waste manifest that is obtained
from EPA's national e-Manifest system and transmitted electronically to the
system, and that is the legal equivalent of EPA Forms 8700-22 (Manifest) and
8700-22A (Continuation Sheet).
84.
"Electronic manifest system" or "e-Manifest system" means EPA's national
information technology system through which the electronic manifest may be
obtained, completed, transmitted, and distributed to users of the electronic
manifest and to regulatory agencies.
85. "Elementary neutralization unit" means a
device which:
(i) Is used for neutralizing
wastes that are hazardous only because they exhibit the corrosivity
characteristic defined in
335-14-2-.03(3),
or they are listed in
335-14-2-.04 only for this
reason; and
(ii) Meets the
definition of a tank, tank system, container, transport vehicle, or vessel in
this paragraph.
86.
"Eligible academic entity" for the purposes of
335-14-3-.12 means a college or
university, or a nonprofit research institute that is owned by or has a formal
written affiliation agreement with a college or university, or a teaching
hospital that is owned by or has a formal written affiliation agreement with a
college or university.
87.
"Eligible Naturally Occurring and/or Accelerator-produced Radioactive Material
(NARM)" for the purposes of
335-14-7-.14 is NARM that is
eligible for the Transportation and Disposal Conditional Exemption. It is a
NARM waste that contains RCRA hazardous waste, meets the waste acceptance
criteria of, and is allowed by State of Alabama NARM regulations to be disposed
of at a low-level radioactive waste disposal facility (LLRWDF) licensed in
accordance with 10 CFR Part 61 or NRC Agreement State equivalent
regulations.
88. "Emergency permit"
for the purposes of 335-14-8 means a permit issued in accordance with
335-14-8-.06(1).
89. "Engineer" means a person registered as a
licensed professional engineer with the Alabama Board of Licensure for
Professional Engineers and Land Surveyors and practicing under the Rules of
Professional Conduct, specifically Canon II.
90. "EPA" means the United States
Environmental Protection Agency.
91. "EPA hazardous waste number" means the
number assigned by EPA and the Department to each hazardous waste listed in
335-14-2-.04 and to each
characteristic identified in
335-14-2-.03.
92. "EPA identification number" means the
number assigned by EPA or the Department to each generator, transporter, and
treatment, storage or disposal facility.
93. "Episodic event" means an activity or
activities, either planned or unplanned, that does not normally occur during
generator operations, resulting in an increase in the generation of hazardous
wastes that exceeds the calendar month quantity limits for the generator's
usual category.
94. "Equivalent
method" means any testing or analytical method approved by the Department under
335-14-1-.03(1).
95. "Evaluated hazardous waste
pharmaceutical" means a prescription hazardous waste pharmaceutical that has
been evaluated by a reverse distributor in accordance with
335-14-7-.16(10)(a)3.
and will not be sent to another reverse distributor for further evaluation or
verification of manufacture credit.
96. "Excluded scrap metal" for the purposes
of 335-14-2-.01 is processed scrap
metal, unprocessed home scrap metal, and unprocessed prompt scrap
metal.
97. "Exempted waste" for the
purposes of
335-14-7-.14 means a waste that
meets the eligibility criteria in
335-14-7-.14(3)
and meets all of the conditions in
335-14-7-.14(4),
or meets the eligibility criteria in
335-14-7-.14(12)
and complies with all the conditions in
335-14-7-.14(13).
Such waste is conditionally exempted from the regulatory definition of
hazardous waste described in
335-14-2-.01(3).
98. "Existing aboveground used oil tank"
means a tank that is used for the storage or processing of used oil and that is
in operation, or for which installation has commenced on or prior to the
effective date of these rules. Installation will be considered to have
commenced if the owner or operator has obtained all federal, State of Alabama,
and local approvals or permits necessary to begin installation of the tank and
if either:
(i) A continuous on-site
installation program has begun, or
(ii) The owner or operator has entered into
contractual obligations-which cannot be canceled or modified without
substantial loss-for installation of the tank to be completed within a
reasonable time.
99.
"Existing hazardous waste management (HWM) facility" or "existing facility"
means a facility which was in operation or for which construction commenced on
or before November 19, 1980. A facility had commenced construction if:
(i) The owner or operator had obtained the
Federal, State of Alabama, and local approvals or permits necessary to begin
actual construction; and
(ii)
Either
(I) a continuous on-site physical
construction program had begun; or
(II) the owner or operator had entered into
contractual obligations which could not be canceled or modified without
substantial loss for physical construction of the facility to be completed
within a reasonable time.
100. "Existing portion" means that land
surface area of an existing waste management unit, included in the original
Part A permit application, on which wastes have been placed prior to the
issuance of a permit.
101.
"Existing tank system" or "existing component" means a tank system or component
that is used for the storage or treatment of hazardous waste and that is in
operation, or for which installation has commenced on or prior to July 14,
1986. Installation will be considered to have commenced if the owner or
operator has obtained all Federal, State of Alabama, and local approvals or
permits necessary to begin physical construction of the site or installation of
the tank system and if either:
(i) A
continuous on-site physical construction or installation program has begun;
or
(ii) The owner or operator has
entered into contractual obligations - which cannot be canceled or modified
without substantial loss - for physical construction of the site or
installation of the tank system to be completed within a reasonable
time.
102. "Explosives or
munitions emergency" means a situation involving the suspected or detected
presence of unexploded ordnance (UXO), damaged or deteriorated explosives or
munitions, an improvised explosive device (IED), other potentially harmful
military chemical munitions or device, that creates an actual or potential
imminent threat to human health, including safety, or the environment,
including property, as determined by an explosives or munitions emergency
response specialist. Such situations may require immediate and expeditious
action by an explosives or munitions emergency response specialist to control,
mitigate, or eliminate the threat.
103. "Explosives or munitions emergency
response" means all immediate response activities by an explosives and
munitions emergency response specialist to control, mitigate, or eliminate the
actual or potential threat encountered during an explosives or munitions
emergency. An explosives or munitions emergency response may include in-place
render-safe procedures, treatment or destruction of the explosives or munitions
and/or transporting those items to another location to be rendered safe,
treated, or destroyed. Any reasonable delay in the completion of an explosives
or munitions emergency response caused by a necessary, unforeseen, or
uncontrollable circumstance will not terminate the explosives or munitions
emergency. Explosives and munitions emergency responses can occur on either
public or private lands and are not limited to responses at RCRA
facilities.
104. "Explosives or
munitions emergency response specialist" means an individual trained in
chemical or conventional munitions or explosives handling, transportation,
render-safe procedures, or destruction techniques. Explosives or munitions
emergency response specialists include Department of Defense (DOD) emergency
explosive ordnance disposal (EOD), technical escort unit (TEU), and
DOD-certified civilian or contractor personnel; and other Federal, State of
Alabama, or local government, or civilian personnel similarly trained in
explosives or munitions emergency responses.
105. "Extent of contamination" means the
horizontal and vertical area in which the concentrations of hazardous
constituents in environmental media are above detection limits or background
concentrations indicative of the region, whichever is appropriate as determined
by the Department.
106. "Facility"
or "hazardous waste management facility" or "HWM facility" means:
(i) All contiguous land, and structures,
other appurtenances, and improvements on the land, used for treating, storing,
or disposing of hazardous waste, or for managing hazardous secondary materials
prior to reclamation. A facility may consist of several treatment, storage, or
disposal operational units (e.g., one or more landfills, surface impoundments,
or combinations of them).
(ii) For
the purpose of implementing corrective action under
335-14-5-.06(12),
all contiguous property under the control of the owner or operator seeking a
permit under Chapter 30 of Title 22, Code of Ala.
1975, (AHWMMA). This definition also applies to facilities
implementing corrective action under §
22-30-19
et
seq., Code of Ala. 1975, and/or RCRA
Section 3008(h).
(iii)
Notwithstanding subparagraph (ii) of this definition, a remediation waste
management site is not a facility that is subject to
335-14-5-.06(12),
but is subject to corrective action requirements if the site is located within
such a facility.
107.
"Facility mailing list" for the purposes of 335-14-8 means the mailing list for
a facility maintained by ADEM in accordance with
335-14-8-.08(6)(c)1.(iv).
108. "Facility owner" means a person who owns
a facility. In most cases, this will be the "operator" or the
"owner".
109. "Federal, State of
Alabama and local approvals or permits necessary to begin physical
construction" means permits and approvals required under Federal, State of
Alabama, or local hazardous waste control statutes, regulations, or
ordinances.
111. "Final closure" means the closure of all
hazardous waste management units at the facility in accordance with all
applicable closure requirements so that hazardous waste management activities
under 335-14-5 and 335-14-6 are no longer conducted at the facility unless
subject to the provisions in
335-14-3-.03(5).
112. "Food-chain crops" means tobacco, crops
grown for human consumption, and crops grown for feed for animals whose
products are consumed by humans.
113. "Formal written affiliation agreement"
for the purposes of
335-14-3-.12 for a non-profit
research institute means a written document that establishes a relationship
between institutions for the purposes of research and/or education and is
signed by authorized representatives, as defined by
335-14-1-.02 for each
institution. A relationship on a project-by-project basis or grant-by-grant
basis is not considered a formal written affiliation agreement. A "formal
written affiliation agreement" for a teaching hospital means a master
affiliation agreement and program letter of agreement, as defined by the
Accreditation Council for Graduate Medical Education, with an accredited
medical program or medical school.
114. "Free liquids" means liquids which
readily separate from the solid portion of a waste under ambient temperature
and pressure.
115. "Freeboard"
means the vertical distance between the top of a tank or surface impoundment
dike and the surface of the waste contained therein.
116. "Functionally equivalent component" for
the purposes of 335-14-8 means a component which performs the same function or
measurement and which meets or exceeds the performance specifications of
another component.
117. "Generator"
means:
(i) Any person, by individual
generation site, whose act or process produces hazardous waste identified or
listed in Chapter 335-14-2 or whose act first causes a hazardous waste to
become subject to regulation. The term generator includes those persons further
defined as a large quantity generator, a small quantity generator, and/or a
conditionally exempt small quantity generator.
(ii) For the purposes of
335-14-3-.08 is a person as
defined in
335-14-1-.02, but such term shall
not include the treatment, storage, disposal, or other management of solid or
hazardous wastes received from off-site when the final disposal of the waste
occurs at the same facility which treated, stored, or otherwise managed the
waste.
118. "Geologist"
means a person who holds a license as a professional geologist under the
Alabama Professional Geologist Licensing Act.
119. "Groundwater" means water below the land
surface in a zone of saturation.
120. "Hazardous constituents" are those
substances listed in 335-14-2 Appendix VIII and/or 335-14-5 Appendix IX and
include hazardous constituents released from solid waste, hazardous waste, or
hazardous waste constituents that are reaction by-products.
121. "Hazardous secondary material" means a
secondary material (e.g., spent material, by-product, or sludge) that, when
discarded, would be identified as hazardous waste under 335-14-2.
122. "Hazardous secondary material generator"
means any person whose act or process produces hazardous secondary materials at
the generating facility. For purposes of this paragraph, "generating facility"
means all contiguous property owned, leased, or otherwise controlled by the
hazardous secondary material generator. For the purposes of
335-14-2-.01(4)(a)23.,
a facility that collects hazardous secondary materials from other persons is
not the hazardous secondary material generator.
123. "Hazardous waste" means a hazardous
waste as defined in
335-14-2-.01(3).
124. "Hazardous waste constituent" means a
constituent that caused the Department to list the hazardous waste in
335-14-2-.04 or a constituent
listed in Table 1 of
335-14-2-.03(5).
125. "Hazardous waste management unit" is a
contiguous area of land on or in which hazardous waste is placed, or the
largest area in which there is significant likelihood of mixing hazardous waste
constituents in the same area. Examples of hazardous waste management units
include a surface impoundment, a waste pile, a land treatment area, a landfill
cell, an incinerator, a tank and its associated piping and underlying
containment system, and a container storage area. A container alone does not
constitute a unit; the unit includes containers and the land or pad upon which
they are placed.
126. "Hazardous
waste pharmaceutical" means a pharmaceutical that is a solid waste, as defined
in 335-14-2-.01(2),
and exhibits one or more characteristics identified in
335-14-2-.03 or is listed in
335-14-2-.04. A pharmaceutical is
not a solid waste, as defined in
335-14-2-.01(2),
and therefore not a hazardous waste pharmaceutical, if it is legitimately
used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An
over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not
a solid waste, as defined in
335-14-2-.01(2),
and therefore not a hazardous waste pharmaceutical, if it has a reasonable
expectation of being legitimately used/reused (e.g., lawfully redistributed for
its intended purpose) or reclaimed.
127. "Healthcare facility" means any person
that is lawfully authorized to:
(i) Provide
preventative, diagnostic, therapeutic, rehabilitative, maintenance or
palliative care, and counseling, service, assessment or procedure with respect
to the physical or mental condition, or functional status, of a human or animal
or that affects the structure or function of the human or animal body;
or
(ii) Distribute, sell, or
dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary
supplements, homeopathic drugs, or prescription pharmaceuticals. This
definition includes, but is not limited to, wholesale distributors, third-party
logistics providers that serve as forward distributors, military medical
logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical
centers, health clinics, physicians' offices, optical and dental providers,
chiropractors, long-term care facilities, ambulance services, pharmacies,
long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals,
veterinary clinics, and veterinary hospitals. This definition does not include
pharmaceutical manufacturers, reverse distributors, or reverse logistics
centers.
128. "Home scrap
metal" for the purposes of
335-14-2-.01 means scrap metal as
generated by steel mills, foundries, and refineries such as turnings, cuttings,
punchings, and borings.
129.
"Household waste pharmaceutical" means a pharmaceutical that is a solid waste,
as defined in
335-14-2-.01(2),
but is excluded from being a hazardous waste under
335-14-2-.01(4)(b)1.
130. In operation" for the
purposes of 335-14-8 refers to a facility which is treating, storing, or
disposing of hazardous waste.
131.
"Inactive portion" means that portion of a facility which is not operated after
November 19, 1980. (See also "active portion" and "closed portion".)
132. "Inactive range" for the purposes of
335-14-7-.13 means a military
range that is not currently being used, but that is still under military
control and considered by the military to be a potential range area, and that
has not been put to a new use that is incompatible with range
activities.
133. "Incinerator"
means any enclosed device that:
(i) Uses
controlled flame combustion and neither meets the criteria for classification
as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an
industrial furnace; or
(ii) Meets
the definition of infrared incinerator or plasma arc
incinerator.
134.
"Incompatible waste" means a hazardous waste which is unsuitable for:
(i) Placement in a particular device or
facility because it may cause corrosion or decay of containment materials (e.g.
container inner liners or tank walls); or
(ii) Commingling with another waste or
material under uncontrolled conditions because the commingling might produce
heat or pressure, fire or explosion, violent reaction, toxic dusts, mists,
fumes, or gases, or flammable fumes or gases. (See Appendix V of 335-14-5 and 6
for examples.)
135.
"Independent requirement" means a requirement of 335-14-3 that states an event,
action, or standard that must occur or be met; and that applies without
relation to, or irrespective of, the purpose of obtaining a conditional
exemption from storage facility permit, interim status, and operating
requirements under 335-14-3.
136.
"Individual generation site" means the contiguous site at or on which one or
more hazardous wastes are generated. An individual generation site, such as a
large manufacturing plant, may have one or more sources of hazardous waste but
is considered a single or individual generation site if the site or property is
contiguous.
137. "Industrial
furnace" means any of the following enclosed devices that are integral
components of manufacturing processes and that use thermal treatment to
accomplish recovery of materials or energy:
(i) Cement kilns;
(ii) Lime kilns;
(iii) Aggregate kilns;
(iv) Phosphate kilns;
(v) Coke ovens;
(vi) Blast furnaces;
(vii) Smelting, melting and refining furnaces
(including pyrometallurgical devices such as cupolas, reverberator furnaces,
sintering machines, roasters, and foundry furnaces);
(viii) Titanium dioxide chloride process
oxidation reactors;
(ix) Methane
reforming furnaces;
(x) Pulping
liquor recovery furnaces;
(xi)
Combustion devices used in the recovery of sulfur values from spent sulfuric
acid; and
(xii) Halogen acid
furnaces for the production of acid from halogenated hazardous waste generated
by chemical production facilities where the furnace is located on the site of a
chemical production facility, the acid product has a halogen acid content of at
least 3 percent, the acid product is used in a manufacturing process, and,
except for hazardous waste burned as fuel, hazardous waste fed to the furnace
has a minimum halogen content of 20 percent as-generated.
(xiii) Such other devices as the Department
may, after notice and comment, add to this list on the basis of one or more of
the following factors:
(I) The design and use
of the device primarily to accomplish recovery of material products;
(II) The use of the device to burn or reduce
raw materials to make a material product;
(III) The use of the device to burn or reduce
secondary materials as effective substitutes for raw materials, in processes
using raw materials as principal feedstocks;
(IV) The use of the device to burn or reduce
secondary materials as ingredients in an industrial process to make a material
product;
(V) The use of the device
in common industrial practice to produce a material product; and
(VI) Other factors, as appropriate.
138. "Infrared
incinerator" means any enclosed device that uses electric powered resistance
heaters as a source of radiant heat followed by an afterburner using controlled
flame combustion and which is not listed as an industrial furnace.
139. "Inground tank" means a device meeting
the definition of "tank" in
335-14-1-.02 whereby a portion of
the tank wall is situated to any degree within the ground, thereby preventing
visual inspection of that external surface area of the tank that is in the
ground.
140. "Injection well" means
a bored, drilled, or driven shaft or dug hole which is used for the injection
of pollutants. (See also "underground injection".)
141. "Inner liner" means a continuous layer
of material placed inside a tank or container which protects the construction
materials of the tank or container from the contained waste or reagents used to
treat the waste.
142. "Installation
inspector" means a person who, by reason of his knowledge of the physical
sciences and the principles of engineering, acquired by a professional
education and related practical experience, is qualified to supervise the
installation of tank systems.
143.
"Intermediate facility" means any facility that stores hazardous secondary
materials for more than 10 days, other than a hazardous secondary material
generator or reclaimer of such material.
144. "International shipment" means the
transportation of hazardous waste into or out of the jurisdiction of the United
States.
145. "Laboratory" for the
purposes of
335-14-3-.12 means an area owned
by an eligible academic entity where relatively small quantities of chemicals
and other substances are used on a non-production basis for teaching or
research (or diagnostic purposes at a teaching hospital) and are stored and
used in containers that are easily manipulated by one person. Photo
laboratories, art studios, and field laboratories are considered laboratories.
Areas such as chemical stockrooms and preparatory laboratories that provide a
support function to teaching or research laboratories (or diagnostic
laboratories at teaching hospitals) are also considered laboratories.
146. "Laboratory clean-out" for the purposes
of 335-14-3-.12 means an evaluation
of the inventory of chemicals and other materials in a laboratory that are no
longer needed or that have expired and the subsequent removal of those
chemicals or other unwanted materials from the laboratory. A clean-out may
occur for several reasons. It may be on a routine basis (e.g., at the end of a
semester or academic year) or as a result of a renovation, relocation, or
change in laboratory supervisor/occupant. A regularly scheduled removal of
unwanted material as required by
335-14-3-.12(9)
does not qualify as a laboratory clean-out.
147. "Laboratory worker" for the purposes of
335-14-3-.12 means a person who
handles chemicals and/or unwanted material in a laboratory and may include, but
is not limited to, faculty, staff, post-doctoral fellows, interns, researchers,
technicians, supervisors/managers, and principal investigators. A person does
not need to be paid or otherwise compensated for his/her work in the laboratory
to be considered a laboratory worker. Undergraduate and graduate students in a
supervised classroom setting are not laboratory workers.
148. "Lamp", also referred to as "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 infrared regions of the electromagnetic spectrum.
Examples of common universal waste electric lamps include, but are not limited
to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure
sodium, and metal halide lamps.
149. "Land-based unit" means an area where
hazardous secondary materials are placed in or on the land before recycling.
This definition does not include land-based production units.
150. "Land Disposal Restriction (LDR)
treatment standards" for the purposes of
335-14-7-.14 means treatment
standards, under 335-14-9, that a RCRA hazardous waste must meet before it can
be disposed of in a RCRA hazardous waste land disposal unit.
151. "Land surveyor" means a person
registered as a licensed Land Surveyor with the Alabama Board of Licensure for
Professional Engineers and Land Surveyors and practicing under the Rules of
Professional Conduct (Code of Ethics).
152. "Land treatment facility" means a
facility or part of a facility at which hazardous waste is applied onto or
incorporated into the soil surface; such facilities are disposal facilities if
the waste will remain after closure.
153. "Land use controls" has the same meaning
as in 335-15-1-.02.
154. "Landfill" means a disposal facility or
part of a facility where hazardous waste is placed in or on land and which is
not a pile, a land treatment facility, a surface impoundment, an underground
injection well, a salt dome formation, a salt bed formation, an underground
mine, a cave or a corrective action management unit.
155. "Landfill cell" means a discrete volume
of a hazardous waste landfill which uses a liner to provide isolation of wastes
from adjacent cells or wastes. Examples of landfill cells are trenches and
pits.
156. "Large Quantity
Generator (LQG)" is a is a generator who generates any of the following amounts
in a calendar month:
(i) Greater than or equal
to 1,000 kilograms (2200 lbs) of non-acute hazardous waste; or
(ii) Greater than 1 kilogram (2.2 lbs) of
acute hazardous waste listed in
335-14-2-.04(2)
or 335-14-2-.04(4)(e);
or
(iii) Greater than 100 kilograms
(220 lbs) of any residue or contaminated soil, water, or other debris resulting
from the cleanup of a spill, into or on any land or water, of any acute
hazardous waste listed in
335-14-2-.04(2)
or 335-14-2-.04(4)(e).
The generator's twelve-month period is assigned by county in the "specified
month schedule" located at
335-14-1-.02(1)(a)
157. "Large quantity
handler of universal waste" means a universal waste handler (as defined in
335-14-1-.02) who accumulates
5,000 kilograms or more total of universal waste (batteries, pesticides,
mercury-containing equipment, lamps, or aerosol cans, calculated collectively)
at any time. This designation as a large quantity handler of universal waste is
retained through the end of the calendar year in which the 5,000 kilogram limit
is met or exceeded.
158. "Leachate"
means any liquid, including any suspended components in the liquid, that has
percolated through or drained from hazardous waste.
159. "Leak-detection system" means a system
capable of detecting the failure of either the primary or secondary containment
structure or the presence of a release of hazardous waste or accumulated liquid
in the secondary containment structure. Such a system must employ operational
controls (e.g., daily visual inspections for releases into the secondary
containment system of aboveground tanks) or consist of an interstitial
monitoring device designed to detect continuously and automatically the failure
of the primary or secondary containment structure or the presence of a release
of hazardous waste into the secondary containment structure.
160. "License" for the purposes of
335-14-7-.14 means a license
issued by the Nuclear Regulatory Commission, or NRC Agreement State, to users
that manage radionuclides regulated by NRC, or NRC Agreement States, under
authority of the Atomic Energy Act of 1954, as amended.
161. "Liner" means a continuous layer of
natural or man-made materials, beneath or on the sides of a surface
impoundment, waste pile, landfill, or landfill cell, which restricts the
downward or lateral escape of hazardous waste, hazardous waste constituents, or
leachate.
162. "Long-term care
facility" means a licensed entity that provides assistance with activities of
daily living, including managing and administering pharmaceuticals to one or
more individuals at the facility. This definition includes, but is not limited
to, hospice facilities, nursing facilities, skilled nursing facilities, and the
nursing and skilled nursing care portions of continuing care retirement
communities. Not included within the scope of this definition are group homes,
independent living communities, assisted living facilities, and the independent
and assisted living portions of continuing care retirement
communities
163. "Low-Level Mixed
Waste (LLMW)" for the purposes of
335-14-7-.14 is a waste that
contains both low-level radioactive waste and RCRA hazardous waste.
164. "Low-Level Radioactive Waste (LLW)" for
the purposes of
335-14-7-.14 is a radioactive
waste which contains source, special nuclear, or byproduct material, and which
is not classified as high-level radioactive waste, transuranic waste, spent
nuclear fuel, or byproduct material as defined in section 11e.(2) of the Atomic
Energy Act. (See also NRC definition of "waste" at
10 CFR
61.2)
165. "Low-Level Radioactive Waste Disposal
Facility (LLRWDF)" for the purposes of
335-14-7-.14 is a disposal
facility licensed by the NRC or an NRC Agreement State to dispose of low-level
radioactive waste.
166. "Major
facility" for the purposes of 335-14-8 means any facility or activity classed
as such by the Department.
167.
"Management" or "hazardous waste management" means the systematic control of
the collection, source separation, storage, transportation, processing,
treatment, recovery, and/or disposal of hazardous waste.
168. "Manifest" means the shipping document
EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A), or the
electronic manifest, originated and signed in accordance with the applicable
requirements of 335-14-3 through 335-14-6.
169. "Manifest tracking number" means the
alphanumeric identification number (i.e., a unique three letter suffix preceded
by nine numerical digits), which is pre-printed in Item 4 of the Manifest by a
registered source.
170.
"Mercury-containing equipment" means a device or part of a device (including
thermostats, but excluding batteries and lamps) that contains elemental mercury
integral to its function.
171.
"Method detection limit or MDL" means the minimum concentration of a substance
that can be measured and reported with 99% confidence that the analyte
concentration is greater than zero and is determined from analysis of a sample
in a given matrix type containing the analyte.
172. "Military" for the purposes of
335-14-7-.13 means the Department
of Defense (DOD), the Armed Services, Coast Guard, National Guard, Department
of Energy (DOE), or other parties under contract or acting as an agent for the
foregoing, who handle military munitions.
173. "Military munitions" means all
ammunition products and components produced or used by or for the US Department
of Defense or the US Armed Services for national defense and security,
including military munitions under the control of the Department of Defense,
the US Coast Guard, the US Department of Energy (DOE), and National Guard
personnel. The term military munitions includes: confined gaseous, liquid, and
solid propellants, explosives, pyrotechnics, chemical and riot control agents,
smokes, and incendiaries used by DOD components, including bulk explosives and
chemical warfare agents, chemical munitions, rockets, guided and ballistic
missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms
ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and
dispensers, demolition charges, and devices and components thereof. Military
munitions do not include wholly inert items, improvised explosive devices, and
nuclear weapons, nuclear devices and nuclear components thereof. However, the
term does include non-nuclear components of nuclear devices, managed under
DOE's nuclear weapons program after all required sanitization operations under
the Atomic Energy Act of 1954, as amended, have been completed.
174. "Military range" for the purposes of
335-14-7-.13 means designated
land and water areas set aside, managed, and used to conduct research on,
develop, test, and evaluate military munitions and explosives, other ordnance,
or weapon systems, or to train military personnel in their use and handling.
Ranges include firing lines and positions, maneuver areas, firing lanes, test
pads, detonation pads, impact areas, and buffer zones with restricted access
and exclusionary areas.
175.
"Mining overburden returned to the mine site" means any material overlaying an
economic mineral deposit which is removed to gain access to that deposit and is
then used for reclamation of a surface mine.
176. "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, underground injection
well with appropriate technical standards under 40 CFR Part 146, containment
building, corrective action management unit, unit eligible for a research,
development and demonstration permit under
335-14-8-.06(4);
or staging pile.
177. "Mixed waste"
means a solid waste that is a mixture of hazardous waste [as defined in
335-14-2-.01(3)]
and radioactive waste (as defined in
10 CFR
61.2). The radioactive component of mixed
waste is subject to regulation by the Atomic Energy Act (AEA)/Nuclear
Regulatory Commission (NRC). The non-radioactive chemically hazardous component
of mixed waste is subject to regulation by the AHWMMA and ADEM Admin. Code r.
335-14.
178. "Month" means a month
of the year.
179. "Monthly" means
once during each month of the year.
180. "Motor vehicle manufacturing" means the
manufacture of automobiles and light trucks/utility vehicles (including light
duty vans, pick-up trucks, minivans, and sport utility vehicles). Facilities
must be engaged in manufacturing complete vehicles (body and chassis or
unibody) or chassis only.
181.
"Movement" means that hazardous waste transported to a facility in an
individual vehicle.
182. "National
Pollutant Discharge Elimination System" or "NPDES" means the program for
issuing, modifying, revoking and reissuing, terminating, monitoring and
enforcing permits, and enforcing pretreatment requirements under the Alabama
Water Pollution Control Act, Code of Ala. 1975,
§§
22-22-1 to
22-22-14, as amended, and the
regulations in Division 6 of the Department's Administrative Code.
183. "Naturally Occurring and/or
Accelerator-produced Radioactive Material (NARM)" for the purposes of
335-14-7-.14 means radioactive
materials that:
(i) Are naturally occurring
and are not source, special nuclear, or byproduct materials (as defined by the
AEA) or
(ii) Are produced by an
accelerator.
[Note: NARM is regulated by the States under State law, or by DOE (as authorized by the AEA) under DOE orders.]
184. "New aboveground
used oil tank" means an aboveground tank that will be used to store or process
used oil and for which installation has commenced after the effective date of
these rules.
185. "New hazardous
waste management facility" or "new facility" means a facility which began
operation, or for which construction commenced after November 19,
1980.
186. "New tank system" or
"new tank component" means a tank system or component that will be used for the
storage or treatment of hazardous waste and for which installation has
commenced after July 14, 1986; except, however, for purposes of
335-14-5-.10(4)(g)4.
and 335-14-6-.10(4)(g)4.,
a new tank system is one for which construction commences after July 14, 1986.
(See also "existing tank system".)
187. Non-acute hazardous waste means all
hazardous wastes that are not acute hazardous waste, as defined
335-14-1-.02(1).
188. "Non-creditable hazardous waste
pharmaceutical" means a prescription hazardous waste pharmaceutical that does
not have a reasonable expectation to be eligible for manufacturer credit or a
nonprescription hazardous waste pharmaceutical that does not have a reasonable
expectation to be legitimately used/reused or reclaimed. This includes but is
not limited to, investigational drugs, free samples of pharmaceuticals received
by healthcare facilities, residues of pharmaceuticals remaining in empty
containers, contaminated personal protective equipment, floor sweepings, and
clean-up material from the spills of pharmaceuticals.
189. Non-hazardous waste pharmaceutical means
a pharmaceutical that is a solid waste, as defined in
335-14-2-.01(2),
and is not listed in
335-14-2-.04, and does not
exhibit a characteristic identified in
335-14-2-.03.
190. "Non-pharmaceutical hazardous waste"
means a solid waste, as defined in
335-14-2-.01(2),
that is listed in
335-14-2-.04, or exhibits one or
more characteristics identified in
335-14-2-.03, but is not a
pharmaceutical, as defined in this
335-14-1-.02.
191. "Non-profit research institute" for the
purposes of
335-14-3-.12 means an
organization that conducts research as its primary function and files as a
non-profit organization under the tax code of
26 U.S.C.
501(c)(3).
192. "NRC" for the purposes of
335-14-7-.14 means the U. S.
Nuclear Regulatory Commission.
193.
"No free liquids" for the purposes of
335-14-2-.01(4)(a)26.
and 335-14-2-.01(4)(b)18.
means that solvent-contaminated wipes may not contain free liquids as
determined by Method 9095B (Paint Filter Liquids Test), included in "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication
SW-846), which is incorporated by reference, and that there is no free liquid
in the container holding the wipes. No free liquids may also be determined
using another standard or test method as defined by the Department.
194. "One-time shipment" means a unique waste
received at a commercial hazardous waste disposal facility which originated
from a single generator and is not routinely produced by that generator on a
regularly recurring basis. Such waste would include, but would not be limited
to, lab packs. Other examples might include spill cleanups, or the removal of
obsolete or outdated commercial chemicals.
195. "Onground tank" means a device meeting
the definition of "tank" in
335-14-1-.02 and that is situated
in such a way that the bottom of the tank is on the same level as the adjacent
surrounding surface so that the external tank bottom cannot be visually
inspected.
196. "On-site" means the
same or geographically contiguous property which may be divided by public or
private right-of-way, provided that the entrance and exit between the
properties is at a cross-roads intersection, and access is by crossing as
opposed to going along the right-of-way. Non-contiguous properties owned by the
same person but connected by a right-of-way which he/she controls and to which
the public does not have access, are also considered on-site
property.
197. "Open burning" means
the combustion of any material without the following characteristics:
(i) Control of combustion air to maintain
adequate temperature for efficient combustion;
(ii) Containment of the combustion-reaction
in an enclosed device to provide sufficient residence time and mixing for
complete combustion; and
(iii)
Control of emission of the gaseous combustion products.
198. "Operating day" means any day on which
hazardous waste is treated, stored, or disposed of in a unit. For example, each
day that a hazardous waste storage unit contains hazardous waste is an
operating day; as is each day that a disposal unit contains or receives
hazardous waste, or each day that hazardous waste is treated in a treatment
unit.
199. "Operating facility" as
used in 335-14-5-.08 and
335-14-6-.08 means a facility
with active treatment, storage, and/or disposal units subject to the
requirements of 335-14-5, 335-14-6, and 335-14-8.
200. "Operator" means the person responsible
for the overall operation of a facility.
201. "Other wastes" are wastes as defined in
rule 335-14-1-.02 that are not
hazardous waste as defined in rule
335-14-2-.01.
202. "Owner" means the person who owns in fee
simple the property on which a facility or part of a facility is
sited.
203. "Parent corporation"
means a corporation which directly owns at least 50 percent of the voting stock
of the corporation which is the facility owner or operator; the latter
corporation is deemed a "subsidiary" of the parent corporation.
204. "Partial closure" means the closure of a
hazardous waste management unit in accordance with the applicable closure
requirements of 335-14-5 and 335-14-6 at a facility that contains other active
hazardous waste management units. For example, partial closure may include the
closure of a tank (including its associated piping and underlying containment
systems), landfill cell, surface impoundment, waste pile, or other hazardous
waste management unit, while other units of the same facility continue to
operate.
205. "Permit" for the
purposes of 335-14-8 means an authorization or equivalent control document
issued by the Department to implement the requirements of 335-14-8. Permit does
not include any authorization which has not been the subject of final
administrative action, such as a draft permit or a proposed permit; but permit
does include interim status permits to the extent set out in rule
335-14-8-.07.
206. "Person" means any and all persons,
natural or artificial, including, but not limited to any individual,
partnership, association, society, joint stock company, firm company,
corporation, institution, trust, estate, or other legal entity or other
business organization or any governmental entity, and any successor,
representative, agent or agency of the foregoing.
207. "Personnel" or "facility personnel"
means all persons who work at, or oversee the operations of, a hazardous waste
facility, and whose actions or failure to act may result in noncompliance with
the requirements of 335-14-5 or 335-14-6.
208. "Pesticide" 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:
(i) Is
a new animal drug under Federal Food, Drug, and Cosmetic Act (FFDCA) section
201(w); or
(ii) 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
(iii) Is an animal feed under FFDCA section
201(x) that bears or contains any substances described by paragraph (i) or (ii)
of this definition.
(iv) Is an
animal feed under FFDCA Section 201(x) that bears or contains any substances
described by
335-14-11-.01(3)(a) or
(b).
209. "Petroleum refining facility" means an
establishment primarily engaged in producing gasoline, kerosene, distillate
fuel oils, residual fuel oils, and lubricants, through fractionation, straight
distillation of crude oil, redistillation of unfinished petroleum derivatives,
cracking or other processes (i.e., facilities classified as SIC
2911).
210. "Pharmaceutical" means
any drug or dietary supplement for use by humans or other animals; any
electronic nicotine delivery system (e.g., electronic cigarette or vaping pen);
or any liquid nicotine (e-liquid) packaged for retail sale for use in
electronic nicotine delivery systems (e.g., pre-filled cartridges or vials).
This definition includes, but is not limited to, dietary supplements, as
defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as
defined by 21 CFR
203.3(y); over-the-counter
drugs; homeopathic drugs; compounded drugs; investigational new drugs;
pharmaceuticals remaining in non-empty containers; personal protective
equipment contaminated with pharmaceuticals; and clean-up material from spills
of pharmaceuticals. This definition does not include dental amalgam or
sharps.
211. "Physical
construction" for the purposes of 335-14-8 means excavation, movement of earth,
erection of forms or structures, or similar activity to prepare a hazardous
waste management facility to accept hazardous waste.
212. "Pile" means any non-containerized
accumulation of solid, nonflowing hazardous waste that is used for treatment or
storage and that is not a containment building.
213. "Planned episodic event" means an
episodic event that the generator planned and prepared for, including regular
maintenance, tank cleanouts, short-term projects, and removal of excess
chemical inventory.
214. "Plasma
arc incinerator" means any enclosed device using a high intensity electrical
discharge or arc as a source of heat followed by an afterburner using
controlled flame combustion and which is not listed as an industrial
furnace.
215. "Plastic" means the
non-metallic compounds that result from a chemical reaction and are molded or
formed into rigid or pliable construction materials.
216. "Plastic battery chips" for the purposes
of 335-14-7 means whole components and any pieces thereof which are constructed
of plastic and utilized in a lead-acid battery.
217. "Plates and groups" for the purposes of
335-14-7 means the internal components of a lead-acid battery which are
constructed of lead and/or lead alloys. Plates and groups shall be considered a
spent material (solid waste) and a hazardous waste (D008) due to the
concentration of leachable lead therein.
218. "Point source" means any discernible,
confined, and discrete conveyance, including, but not limited to any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, or vessel or other floating
craft, from which pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture.
219. "Post-closure facility" as used in
335-14-5-.08 and
335-14-6-.08 means a facility at
which all treatment, storage, and/or disposal units have been closed in
accordance with
335-14-5-.07 or
335-14-6-.07, at which the owner
or operator is unable to demonstrate closure by removal in accordance with
335-14-8-.01(1)(c)5.,
for one or more units.
220.
"Post-closure only permit" for the purposes of 335-14-8 means a permit for a
facility at which the only hazardous waste treatment, storage, or disposal
activities conducted which require a permit pursuant to 335-14-8 are activities
related to the post-closure care, monitoring, and/or corrective actions
performed at closed hazardous waste management units. Corrective actions
specified in post-closure only permits shall include activities related to
regulated hazardous waste management units as well as solid waste management
units (SWMU) and areas of concern (AOC).
221. "Post-closure permit" for the purposes
of 335-14-8 means a permit which addresses the post-closure care requirements
for closed hazardous waste treatment, storage, or disposal unit(s) at a
facility. The term "post-closure permit" includes both post-closure only
permits and the post-closure care portions of operating permits.
222. "Post-closure plan" as used in
335-14-5-.08 and
335-14-6-.08 means the plan for
post-closure care prepared in accordance with the requirements of
335-14-5-.07(8) through
(11) or
335-14-6-.07(8) through
(11).
223. "Potentially creditable hazardous waste
pharmaceutical" means a prescription hazardous waste pharmaceutical that has a
reasonable expectation to receive manufacturer credit and is:
(i) In original manufacturer packaging
(except pharmaceuticals that were subject to a recall);
(ii) Undispensed; and
(iii) Unexpired or less than one-year past
expiration date. The term does not include evaluated hazardous waste
pharmaceuticals or nonprescription pharmaceuticals including, but not limited
to, over-the-counter drugs, homeopathic drugs, and dietary
supplements.
224.
"Privatized municipal waste treatment facility" means a facility which is
operated to treat domestic and/ or industrial wastewaters from a municipality
or industrial park and which otherwise meets the definition of a publicly owned
treatment works (POTW), but which is not publicly owned.
225. "Processed scrap metal" for the purposes
of 335-14-2-.01 means scrap metal
which has been manually or physically altered to either separate it into
distinct materials to enhance economic value or to improve the handling of
materials. Processed scrap metal includes, but is not limited to scrap metal
which has been baled, shredded, sheared, chopped, crushed, flattened, cut,
melted, or separated by metal type (i.e., sorted), and, fines, drosses and
related materials which have been agglomerated.
[Note: Shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled [335-14-2-.01(4)(a)14.] .
226. "Prompt scrap metal"
for the purposes of
335-14-2-.01 means scrap metal as
generated by the metal working/ fabrication industries and includes such scrap
metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known
as industrial or new scrap metal.
227. "Publicly owned treatment works" or
"POTW" means any device or system used in the treatment (including recycling
and reclamation) of municipal sewage or industrial wastes of a liquid nature
which is owned by the State of Alabama or municipality [as defined by section
502(4) pf the Clean Water Act]. This definition includes sewers, pipes, or
other conveyances only if they convey wastewater to a POTW providing
treatment.
228. "Qualified
Groundwater Scientist" means a scientist or engineer who has received a
baccalaureate or postgraduate degree in the natural sciences or engineering,
and has sufficient training and experience in groundwater hydrology and related
fields as may be demonstrated by State of Alabama registration, professional
certifications, or completion of accredited university courses that enable that
individual to make sound professional judgments regarding groundwater
monitoring and contaminant fate and transport.
229. "Quarter" means a period of three
consecutive months.
230.
"Quarterly" means once during each period of three consecutive months for a
total of four times each calendar year.
231. "RCRA" means the Federal Resource
Conservation and Recovery Act of 1976, as amended, (42 U.S.C. §§
6901
et
seq.).
232. "Reactive
acutely hazardous unwanted material" for the purposes of
335-14-3-.12 means an unwanted
material that is one of the acutely hazardous commercial chemical products
listed in
335-14-2-.04(4)(e)
for reactivity.
233. "Reclaimed"
for the purposes of
335-14-2-.01 means a material
that is processed to recover a usable product, or one that is regenerated.
Examples are recovery of lead values from spent batteries and regeneration of
spent solvents. In addition, for purposes of
335-14-2-.01(4)(a)23.
and 335-14-2-.01(4)(a)24,
smelting, melting, and refining furnaces are considered to be solely engaged in
metals reclamation if the metal recovery from the hazardous secondary materials
meets the same requirements as those specified for metals recovery from
hazardous waste found in
335-14-7-.08(1),
and if the residuals meet the requirements specified in
335-14-7-.08(13)
234. "Recycled" for the purposes
of 335-14-2-.01 means a material is
used, reused, or reclaimed.
235.
"Regional Administrator" means the Regional Administrator for the EPA Region in
which the facility is located, or his designee.
236. "Release" means any spilling, leaking,
pouring, emitting, emptying, discharging, injecting, escaping, leaching,
pumping, or disposing into the environment of any hazardous waste or hazardous
constituent.
237. "Remanufacturing"
means processing a higher-value hazardous secondary material in order to
manufacture a product that serves a similar functional purpose as the original
commercial-grade material. For the purpose of this definition, a hazardous
secondary material is considered higher-value if it was generated from the use
of a commercial-grade material in a manufacturing process and can be
remanufactured into a similar commercial-grade material.
238. "Remediation waste" means all solid and
hazardous wastes, and all media (including groundwater, surface water, soils,
and sediments) and debris that are managed for implementing cleanup, pursuant
to the requirements of
335-14-5-.19(1), (2), and
(3).
239. "Remediation waste management site"
means a facility where an owner or operator is or will be treating, storing, or
disposing of hazardous remediation wastes. A remediation waste management site
is not a facility that is subject to corrective action under
335-14-5-.06(12),
but is subject to corrective action requirements if the site is located in such
a facility.
240. "Replacement unit"
means a landfill, surface impoundment, or waste pile unit [1] from which all or
substantially all of the waste is removed, and [2] that is subsequently reused
to treat, store, or dispose of hazardous waste. "Replacement unit" does not
apply to a unit from which waste is removed during closure, if the subsequent
reuse solely involves the disposal of waste from that unit and other closing
units or corrective action areas at the facility in accordance with an approved
closure plan or EPA or State of Alabama approved corrective action.
241. "Representative sample" means a sample
of a universe or whole (e.g., waste pile, lagoon, groundwater) which can be
expected to exhibit the average properties of the universe or whole.
242. "Re-refining distillation bottoms" means
the heavy fraction produced by vacuum distillation of filtered and dehydrated
used oil. The composition of still bottoms varies with column operation and
feedstock.
243. "Reverse
distributor" means any person that receives and accumulates prescription
pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals
for the purpose of facilitating or verifying manufacturer credit. Any person,
including forward distributors, third-party logistics providers, and
pharmaceutical manufacturers, that processes prescription pharmaceuticals for
the facilitation or verification of manufacturer credit is considered a reverse
distributor.
244. "Rubber" means
any of numerous synthetic elastic materials of varying chemical composition
with properties similar to those of natural rubber.
245. "Rubber battery chips" for the purposes
of 335-14-7 means whole components and any pieces thereof which are constructed
of rubber and utilized in a lead-acid battery.
246. "Run-off" means any rainwater, leachate,
or other liquid that drains over land from any part of a facility.
247. "Run-on" means any rainwater, leachate,
or other liquid that drains over land onto any part of a facility.
248. "Satellite accumulation" means
accumulation of as much as 55 gallons of hazardous waste or one quart of
acutely hazardous waste as listed in
335-14-2-.04(4)(e)
in containers at or near any point of generation where the wastes initially
accumulates, provided the generator complies with
335-14-3-.03(5)(c).
249. "Saturated zone" or "zone of saturation"
means that part of the earth's crust in which all voids are filled with
water.
250. "Schedule of
compliance" for the purposes of 335-14-8 means a schedule of remedial measures
included in a permit, including an enforceable sequence of interim requirements
leading to compliance with the AHWMMA and Division 335-14.
251. "Scrap metal" for the purposes of
335-14-2-.01 means bits and
pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal
pieces that may be combined together with bolts or soldering (e.g., radiators,
scrap automobiles, railroad box cars) which when worn or superfluous can be
recycled.
252. "SDWA" or the "Safe
Drinking Water Act" for the purposes of 335-14-8 means Code of
Alabama 1975, §§
22-23-30 to
22-23-54, as amended.
253. "Semi-annual" means a six-month
period.
254. "Semi-annually" means
once during each six-month period for a total of two times each calendar
year.
255. "Site" means the land or
water area where any facility, generator, or activity is physically located or
conducted, including adjacent land used in connection with the facility,
generator, or activity.
256.
"Sludge" means any solid, semi-solid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water
treatment plant, or air pollution control facility, exclusive of the treated
effluent from a wastewater treatment plant.
257. "Sludge dryer" means any enclosed
thermal treatment device that is used to dehydrate sludge and that has a
maximum total thermal input, excluding the heating value of the sludge itself,
of 2,500 Btu/lb. of sludge treated on a wet-weight basis.
258. "Small Quantity Generator (SQG)" is a
generator who generates the following amounts in a calendar month:
(i) Greater than 100 kilograms (220 lbs) but
less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste;
and
(ii) Less than or equal to 1
kilogram (2.2 lbs) of acute hazardous waste listed in
335-14-2-.04(2)
or 335-14-2-.04(4)(e);
and
(iii) Less than or equal to 100
kilograms (220 lbs) of any residue or contaminated soil, water, or other debris
resulting from the cleanup of a spill, into or on any land or water, of any
acute hazardous waste listed in
335-14-2-.04(2)
or 335-14-2-.04(4)(e).
The generator's twelve-month period is assigned by county in the "specified
month schedule" located at
335-14-1-.02(1)(a).
259. "Small quantity handler of
universal waste" means a universal waste handler (as defined in
335-14-1-.02) who does not
accumulate 5,000 kilograms or more of universal waste (batteries, pesticides,
mercury-containing equipment, lamps, or aerosol cans, calculated collectively)
at any time.
260. "Solid waste"
means a waste as defined by
335-14-2-.01(2).
261. "Solid waste management unit or SWMU"
includes any unit which has been used for the treatment, storage, or disposal
of solid waste at any time, irrespective of whether the unit is or ever was
intended for the management of solid waste. Units subject to regulation under
335-14-5, 335-14-6, 335-14-7, or 335-14-8 are also solid waste management
units. SWMU's include areas that have been contaminated by routine and
systematic releases of hazardous waste or hazardous constituents, excluding
one-time accidental spills that are immediately remediated and cannot be linked
to solid waste management activities (e.g., product or process
spills).
262. "Solvent-contaminated
wipe" means a wipe that, after the use or after cleaning up a spill, either (1)
contains one or more of the F001 through F005 solvents listed in
335-14-2-.04(2)
or the corresponding P- or U- listed solvents found in
335-14-2-.04(4);
(2) exhibits a hazardous characteristic found
in 335-14-2-.03 when that
characteristic results from a solvent listed in Chapter 335-14-2; and/or (3)
exhibits only the hazardous waste characteristic of ignitability found in
335-14-2-.03(2)
due to the presence of one or more solvents that are not listed in Chapter
335-14-2. Solvent-contaminated wipes that contain listed hazardous waste other
than solvents, or exhibit the characteristic of toxicity, corrosivity, or
reactivity due to contaminants other than solvents, are not eligible for the
exclusions at a
335-14-2-.01(4)(a)26.
and 335-14-2-.01(4)(b)18
263. "Sorbent" means a material
that is used to soak up free liquids by either adsorption or absorption, or
both. "Sorb" means to either adsorb or absorb, or both.
264. "Specified month schedule" for the
purposes of the "Annual Submission of ADEM Form 8700-12" is defined by the
chart below according to the county in which the facility is located.
|
If your site of waste generation is located in the county of... |
Submit ADEM Form 8700-12 by the 15th of... |
|
Colbert, Fayette, Franklin, Greene, Hale, Lamar, Lauderdale, Lawrence, Limestone, Marion, Morgan, Pickens, Sumter, Tuscaloosa, Walker, Winston |
February |
|
Blount, Cherokee, Cullman, DeKalb, Etowah, Jackson, Madison, Marshall, St. Clair |
April |
|
Jefferson |
June |
|
Calhoun, Chambers, Clay, Cleburne, Coosa, Elmore, Lee, Macon, Montgomery, Randolph, Shelby, Talladega, Tallapoosa |
August |
|
Autauga, Baldwin, Barbour, Bibb, Bullock, Butler, Chilton, Choctaw, Clarke, Coffee, Conecuh, Covington, Crenshaw, Dale, Dallas, Escambia, Geneva, Henry, Houston, Lowndes, Marengo, Monroe, Perry, Pike, Russell, Washington, Wilcox |
October |
|
Mobile |
December |
265.
"Spent materials" for the purposes of
335-14-2-.01 and 335-14-7 means
those materials which have been used, and as a result of that use become
contaminated by physical or chemical impurities, and can no longer serve the
purpose for which they were produced without being regenerated, reclaimed, or
otherwise reprocessed. For the purposes of 335-14-7, spent materials shall
include all battery components, including but not limited to plates and groups,
plastic and rubber battery chips, paper/ cellulose materials and acid removed
from a spent lead-acid battery.
(i)
Contamination means any impurity, factor, or circumstance that causes the
material to be taken out of service for reprocessing.
(ii) The portion of the definition stating a
spent material "can no longer serve the purpose for which they were produced"
is satisfied when the material is no longer serving its original purpose and is
being reprocessed or being accumulated prior to
reprocessing.
266.
"Spill" means the unplanned, accidental, or unpermitted discharge, deposit,
injection, leaking, pumping, pouring, emitting, dumping, placing, or releasing
of hazardous wastes, or materials which when spilled become hazardous wastes,
into or on the land, the air, or the water.
267. "Staging pile" means an accumulation of
solid, non-flowing remediation waste (as defined in
335-14-1-.02) that is not a
containment building and that is used only during remedial operations for
temporary storage at a facility. Staging piles must be designated by the
Department according to the requirements of
335-14-5-.19(3).
268. "State" means any of the United States
except the State of Alabama.
269.
"Storage" means the actual or intended containment of wastes, either on a
temporary basis or for a period of years, in such a manner as not to constitute
disposal of such wastes.
270.
"Storage facility" means any facility or part of a facility at which hazardous
waste is placed in storage, exclusive of transfer facilities where waste is
stored for ten days or less and on-site storage by generators in compliance
with 335-14-3-.03(5).
271. "Storm event" means a 1-year, 24-hour
storm event or rainfall which measures 1 inch or greater in 1 hour or less as
determined by measurements taken at the facility, or the closest official
weather monitoring station.
272.
"Substantial business relationship" means the extent of a business relationship
necessary under applicable State of Alabama law to make a guarantee contract
issued incident to that relationship valid and enforceable. A "substantial
business relationship" must arise from a pattern of recent or ongoing business
transactions, in addition to the guarantee itself, such that a currently
existing business relationship between the guarantor and the owner or operator
is demonstrated to the satisfaction of the Department.
273. "Sump" means any pit or reservoir that
meets the definition of tank and those troughs/trenches connected to it that
serve to collect hazardous waste for transport to hazardous waste storage,
treatment, or disposal facilities; except that as used in the landfill, surface
impoundment, and waste pile rules, "sump" means any lined pit or reservoir that
serves to collect liquids drained from a leachate collection and removal system
or leak detection system for subsequent removal from the system.
274. "Surface impoundment" or "impoundment"
means a facility or part of a facility which is a natural topographic
depression, man-made excavation, or diked area formed primarily of earthen
materials (although it may be lined with man-made materials) which is designed
to hold an accumulation of liquid wastes or wastes containing free liquids, and
which is not an injection well. Examples of surface impoundments are holding,
storage, settling, and aeration pits, ponds, and lagoons.
275. "SWMU corrective action facility" for
the purposes of
335-14-5-.08 means a facility
which is subject to the requirements of
335-14-5-.06(12)
for the corrective action of Solid Waste Management Units, and has been issued
a permit or an enforceable document (as defined in
335-14-8-.01(1)(c)7.)
in accordance with 335-14-8 or an order pursuant to Section 3008(h) of
RCRA.
276. "Tank" means a
stationary device, designed to contain an accumulation of hazardous waste which
is constructed primarily of non-earthen materials (e.g., wood, concrete, steel,
plastic) which provide structural support.
277. "Tank system" means a hazardous waste
storage or treatment tank and its associated ancillary equipment and
containment system.
278. "Teaching
hospital" for the purposes of
335-14-3-.12 means a hospital
that trains students to become physicians, nurses or other health or laboratory
personnel.
279. "TEQ" means
toxicity equivalence, the international method of relating the toxicity of
various dioxin/furan congeners to the toxicity of
2,3,7,8-tetrachlorodibenzo-p-dioxin.
280. "Thermal treatment" means the treatment
of hazardous waste in a device which uses elevated temperatures as the primary
means to change the chemical, physical, or biological character or composition
of the hazardous waste. Examples of thermal treatment processes are
incineration, molten salt, pyrolysis, calcination, wet air oxidation, and
microwave discharge.
281.
"Thermostat" means a temperature control device that contains metallic mercury
in an ampule attached to a bimetal sensing element, and mercury-containing
ampules that have been removed from these temperature control devices in
compliance with the requirements of rules
335-14-11-.02(4)(c)2.
or 335-14-11-.03(4)(c)2.
282. "Totally enclosed treatment
facility" means a facility for the treatment of hazardous waste which is
directly connected to an industrial production process and which is constructed
and operated in a manner which prevents the release of any hazardous waste or
any constituent thereof into the environment during treatment. An example is a
pipe in which waste acid is neutralized. An owner or operator who removes
hazardous waste from a totally enclosed treatment system must comply with the
applicable standards set forth in Chapter 335-14-3 with respect to any
hazardous waste removed from the totally enclosed treatment facility. An owner
or operator who removes hazardous waste from a totally enclosed treatment
facility may not reintroduce the waste into the totally enclosed treatment
facility unless the owner/operator has first complied with the applicable
standards and permit requirements set forth in 335-14-5, 335-14-6, 335-14-8,
and 335-14-9.
283. "Trade secret"
includes, but is not limited to, any formula, plan, pattern, process, tool,
mechanism, compound or procedure, as well as production data or compilation of
information, financial and marketing data, which is not patented, which is
known only to certain individuals within a commercial concern who are using it
to fabricate, produce or compound an article of trade or a service having
commercial value, and which gives its user an opportunity to obtain a business
advantage over competitors who do not know of it.
284. "Trained professional" for the purposes
of 335-14-3-.12 means a person who
has completed the applicable RCRA training requirements of
335-14-3-.01(7)(a)7.
for large quantity generators, or is knowledgeable about normal operations and
emergencies in accordance with
335-14-3-.01(6)
for small quantity generators and very small quantity generators. A trained
professional may be an employee of the eligible academic entity or may be a
contractor or vendor who meets the requisite training requirements.
285. "Transfer facility" means any
transportation related facilities including loading docks, parking areas,
storage areas, and other areas where shipments of hazardous waste or hazardous
secondary materials are held for more than 24 hours and not longer than 10 days
during the normal course of transportation. Transfer facilities that store
hazardous waste for more than 10 days are subject to regulation as a storage
facility under Chapters 335-14-5, 335-14-6, 335-14-8, and 335-14-9.
286. "Transport vehicle" means a motor
vehicle or railcar used for the transportation of cargo by any mode. Each
cargo-carrying body (trailer, railroad freight car, etc.) is a separate
transport vehicle.
287.
"Transportation" means the movement of wastes from the point of generation to
any intermediate transfer points, and finally to the disposal site.
288.
288. "Transporter" means a
person engaged in the off-site transportation of hazardous waste by air, rail,
highway, or water.
289.
"Treatability study" means a study in which a hazardous waste is subjected to a
treatment process to determine:
[1] whether
the waste is amenable to the treatment process,
[2] what pretreatment (if any) is
required,
[3] the optimal process
conditions needed to achieve the desired treatment,
[4] the efficiency of a treatment process for
a specific waste or wastes, or
[5]
the characteristics and volumes of residuals from a particular treatment
process. Also included in this definition for the purpose of
335-14-2-.01(4)(e) and
(f) exemptions are liner compatibility,
corrosion, and other material compatibility studies and toxicological and
health effects studies. A "treatability study" is not a means to commercially
treat or dispose of hazardous waste.
290. "Treatment" means any method, technique,
or process, including neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous waste so as
to neutralize such waste, or so as to render such waste non-hazardous or less
hazardous, safer for transport, amenable for recovery, amenable for storage, or
reduced in volume. Such term includes any activity or processing designed to
change the physical form or chemical composition of hazardous waste so as to
render it non-hazardous or less hazardous.
291. "Treatment facility" means a location at
which wastes are subjected to treatment, and may include a facility where waste
has been generated.
292. "Treatment
zone" means a soil area of the unsaturated zone of a land treatment unit within
which hazardous constituents are degraded, transformed or
immobilized.
293. "Underground
injection" means the injection of pollutants through a bored, drilled or driven
shaft or dug hole.
294.
"Underground source of drinking water" or "USDW" for the purposes of 335-14-8
means an aquifer or its portion:
(i)
(I) Which supplies any public water system;
or
(II) Which contains a sufficient
quantity of groundwater to supply a public water system; and
(III) Currently supplies drinking water for
human consumption; or
(IV) Contains
fewer than 10,000 mg/liter total dissolved solids; and
(ii) Which is not an exempted
aquifer.
295.
"Underground tank" means a device meeting the definition of "tank" in
335-14-1-.02 whose entire surface
area is totally below the surface of and covered by the ground.
296. "Unexploded ordnance (UXO)" for the
purposes of
335-14-7-.13 means military
munitions that have been primed, fused, armed, or otherwise prepared for
action, and have been fired, dropped, launched, projected, or placed in such a
manner as to constitute a hazard to operations, installation, personnel, or
material and remain unexploded either by malfunction, design, or any other
cause.
297. "Unfit-for-use tank
system" means a tank system that has been determined through an integrity
assessment or other inspection to be no longer capable of storing or treating
hazardous waste without posing a threat of release of hazardous waste to the
environment.
298. "Universal waste"
means any of the following hazardous wastes that are subject to the universal
waste requirements of Chapter 335-14-11:
(i)
Batteries as described in
335-14-11-.01(2);
(ii) Pesticides as described in
335-14-11-.01(3);
(iii) Mercury-containing equipment as
described in
335-14-11-.01(4);
(iv) Lamps as described in
335-14-11-.01(5);
and
(v) Aerosol cans as described
in 335-14-11-.01(6).
299. "Universal waste handler":
(i) Means:
(I) A generator [as defined in
335-14-1-.02(1)(a)]
of universal waste; or
(II) The
owner or operator of a facility, including all contiguous property, that
receives universal waste from other universal waste handlers, accumulates
universal waste, and sends universal waste to another universal waste handler,
to a destination facility, or to a foreign destination.
(ii) Does not mean:
(I) A person who treats [except under the
provisions of
335-14-11-.02(4)(a) or
(c) or
335-14-11-.03(4)(a) or
(c)], disposes of, or recycles [except under
the provisions of
335-14-11-.02(4)(e)
or 335-14-11-.03(4)(e)]
universal waste; or
(II) A person
engaged in the off-site transportation of universal waste by air, rail,
highway, or water, including a universal waste transfer
facility.
300.
"Universal waste transfer facility" means any transportation-related facility
including loading docks, parking areas, storage areas and other similar areas
where shipments of universal waste are held during the normal course of
transportation for ten days or less.
301. "Universal waste transporter" means a
person engaged in the off-site transportation of universal waste by air, rail,
highway, or water.
302.
"Unsaturated zone" or "zone of aeration" means the zone between the land
surface and the water table.
303.
"Unplanned episodic event" means an episodic event that the generator did not
plan or reasonably did not expect to occur, including production process
upsets, product recalls, accidental spills, or "acts of nature," such as
tornado, hurricane, or flood.
304.
"Unwanted material" for the purposes of
335-14-3-.12 means any chemical,
mixtures of chemicals, products of experiments or other material from a
laboratory that is no longer needed, wanted or usable in the laboratory and
that is destined for hazardous waste determination by a trained professional.
Unwanted materials include reactive acutely hazardous unwanted materials and
materials that may eventually be determined not to be solid waste pursuant to
335-14-2-.01(2),
or a hazardous waste pursuant to
335-14-2-.01(3).
If an eligible academic entity elects to use another equally effective term in
lieu of "unwanted material," as allowed by
335-14-3-.12(7)(a)1.(i),
the equally effective term has the same meaning and is subject to the same
requirements as "unwanted material".
305. "Uppermost aquifer" means the geologic
formation nearest the natural ground surface that is an aquifer, as well as
lower aquifers that are hydraulically interconnected with this aquifer within
the facility's property boundary.
306. "Used" or "reused" for the purposes of
335-14-2-.01 a material is used
or reused if it is either:
(i) Employed as an
ingredient (including use as an intermediate) in an industrial process to make
a product (for example, distillation bottoms from one process used as feedstock
in another process). However, a material will not satisfy this condition if
distinct components of the material are recovered as separate end products (as
when metals are recovered from metal-containing secondary materials);
or
(ii) Employed in a particular
function or application as an effective substitute for a commercial product
(for example, spent pickle liquor used as phosphorous precipitant and sludge
conditioner in wastewater treatment).
307. "Used oil" means any oil that has been
refined from crude oil, or any synthetic oil, that has been used and as a
result of such use, is contaminated by physical or chemical
impurities.
308. "Used oil
aggregation point" means any site or facility that accepts, aggregates, and/or
stores used oil collected only from other used oil generation sites owned or
operated by the owner or operator of the aggregation point, from which oil is
transported to the aggregation point in shipments of no more than 55 gallons.
Used oil aggregation points may also accept used oil from household
do-it-yourselfers.
309. "Used oil
burner" means a facility where used oil not meeting the specification
requirements in rule
335-14-17-.02(2)
is burned for energy recovery in devices identified in rule
335-14-17-.07(2)(a).
310. "Used oil collection center" means any
site or facility that is recognized by the Department, in accordance with rule
335-14-17-.04(2)(b)
and accepts/ aggregates and stores used oil collected from used oil generators
regulated under rule
335-14-17-.03 who bring used oil
to the collection center in shipments of no more than 55 gallons under the
provisions of rule
335-14-17-.03(6).
Used oil collection centers may also accept used oil from household
do-it-yourselfers.
311. "Used oil
fuel marketer" means any person who conducts either of the following
activities:
(i) Directs a shipment of
off-specification used oil from their facility to a used oil burner;
or
(ii) First claims that used oil
that is to be burned for energy recovery meets the used oil fuel specifications
set forth in rule
335-14-17-.02(2).
312. "Used oil generator" means any person,
by individual generation site, whose act or process produces used oil or whose
act first causes used oil to become subject to regulation.
313. "Used oil processing" means chemical or
physical operations designed to produce from used oil, or to make used oil more
amenable for production of fuel oils, lubricants, or other used oil-derived
products. Used oil processing includes, but is not limited to: blending used
oil with virgin petroleum products, blending used oils to meet the fuel
specification, filtration, simple distillation, chemical or physical separation
and re-refining.
314. "Used oil
processor/re-refiner" means a facility that processes used oil.
315. "Used oil tank" means any stationary
device, designed to contain an accumulation of used oil which is constructed
primarily of non-earthen materials, (e.g., wood, concrete, steel, plastic)
which provides structural support.
316. "Used oil transfer facility" means any
transportation related facility including loading docks, parking areas, storage
areas, and other areas where shipments of used oil are held for more than 24
hours and not longer than 35 days during the normal course of transportation or
prior to an activity performed pursuant to rule
335-14-17-.03(1)(b)2.
Transfer facilities that store used oil for more than 35 days are subject to
regulation under rule 335-14-17.
317. "Used oil transporter" means any person
who transports used oil, any person who collects used oil from more than one
generator and transports the collected oil, and owners and operators of used
oil transfer facilities. Used oil transporters may consolidate or aggregate
loads of used oil for purposes of transportation but, with the following
exception, may not process used oil. Transporters may conduct incidental used
oil processing operations that occur in the normal course of used oil
transportation (e.g., settling and water separation), but that are not designed
to produce (or make more amenable for production of) used oil derived products
or used oil fuel.
318. "User of the
electronic manifest system" means a hazardous waste generator, a hazardous
waste transporter, an owner or operator of a hazardous waste treatment,
storage, recycling, or disposal facility, or any other person that:
(i) Is required to use a manifest to comply
with:
(I) Any federal or state requirement to
track the shipment, transportation, and receipt of hazardous waste or other
waste material that is shipped from the site of generation to an off-site
designated facility for treatment, storage, recycling, or disposal;
or
(II) Any federal or state
requirement to track the shipment, transportation, and receipt of rejected
wastes or regulated container residues that are shipped from a designated
facility to an alternative facility, or returned to the generator;
and
(ii) Elects to use
the system to obtain, complete and transmit an electronic manifest format
supplied by the EPA electronic manifest system, or
(iii) Elects to use the paper manifest form
and submits to the system for data processing purposes a paper copy of the
manifest (or data from such a paper copy), in accordance with
335-14-5-.05(2)(a)1.(v)
or 335-14-6-.05(2)(a)2.(v).
These paper copies are submitted for data exchange purposes only and are not
the official copies of record for legal purposes.
319. "Very Small Quantity Generator (VSQG)"
is a generator who generates less than or equal to the following amounts in a
calendar month:
(i) 100 kilograms (220 lbs) of
nonacute hazardous waste; and
(ii)
1 kilogram (2.2 lbs) of acute hazardous waste listed in
335-14-2-.04(2)
or 335-14-2-.04(4)(e);
and
(iii) 100 kilograms (220 lbs)
of any residue or contaminated soil, water, or other debris resulting from the
cleanup of a spill, into or on any land or water, of any acute hazardous waste
listed in
335-14-2-.04(2)
or 335-14-2-.04(4)(e).
320. "Vessel" means every description of
watercraft, used or capable of being used as a means of transportation on the
water.
321. "Waste" means any
garbage, refuse, sludge from a waste treatment plant, water supply treatment
plant, or air pollution control facility and other discarded material,
including solid, liquid, semisolid, or contained gaseous material resulting
from industrial, commercial, mining, and agricultural operations and from
community activities, including any material to be discarded by a generator,
but such term does not include solid or dissolved material in domestic sewage,
or solid or dissolved material in irrigation return flows or industrial
discharges which are point sources subject to permits under
33 U.S.C. §
1342 or source, special nuclear or by-product
material as defined by the Atomic Energy Act of 1954.
322. "Waste stream" for the purposes of
335-14-3-.08 means a waste of
given characteristics that is unique to a particular process or individual
generation site.
323. "Wastewater
treatment unit" means a device which:
(i) Is
part of a wastewater treatment facility that is subject to regulation under
either Section 402 or 307(b) of the Clean Water Act; and
(ii) Receives and treats or stores an
influent wastewater which is a hazardous waste as defined in
335-14-2-.01(3),
or that generates and accumulates a wastewater treatment sludge that is a
hazardous waste as defined in
335-14-2-.01(3),
or treats or stores a wastewater treatment sludge which is a hazardous waste as
defined in
335-14-2-.01(3);
and
(iii) Meets the definition of
tank or tank system in
335-14-1-.02.
324. "Water (bulk shipment)" means the bulk
transportation of hazardous waste which is loaded or carried on board a vessel
without containers or labels.
325.
"Week" means a calendar week (e.g. Sunday-Saturday).
326. "Weekly" means once during each calendar
week.
327. "Well" means any shaft
or pit dug or bored into the earth, generally of a cylindrical form, and often
walled with bricks or tubing to prevent the earth from caving in.
328. "Well injection" means "underground
injection".
329. "Wipe" means a
woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric,
cotton, polyester blends, or other material.
330. "Working container" for the purposes of
335-14-3-.12 means a small
container (i.e., two gallons or less) that is in use at a laboratory bench,
hood, or other work station, to collect unwanted material from a laboratory
experiment or procedure.
331.
"Working day" for the purposes of
335-14-3-.08 means any day,
Monday through Friday, on which the offices of the Alabama Department of
Environmental Management are open for business, and shall not include weekends
or any State of Alabama observed holiday.
332. "Zone of engineering control" means an
area under the control of the owner/operator that, upon detection of a
hazardous waste release, can be readily cleaned up prior to the release of
hazardous waste or hazardous constituents to groundwater or surface
water.
333. The following terms are
used in the specifications for the financial tests for closure, post-closure
care, and liability coverage. The definitions are intended to assist in the
understanding of these regulations and are not intended to limit the meanings
of terms in a way that conflicts with generally accepted accounting practices.
(i) "Assets" means all existing and all
probable future economic benefits obtained or controlled by a particular
entity.
(ii) "Current assets" means
cash or other assets or resources commonly identified as those which are
reasonably expected to be realized in cash or sold or consumed during the
normal operating cycle of the business.
(iii) "Current liabilities" means obligations
whose liquidation is reasonably expected to require the use of existing
resources properly classifiable as current assets or the creation of other
current liabilities.
(iv) "Current
plugging and abandonment cost estimate" means the most recent of the estimates
prepared in accordance with 40 CFR §
144.62(a), (b), and
(c) or any State equivalent.
(v) "Independently audited" refers to an
audit performed by an independent certified public accountant in accordance
with generally accepted auditing standards.
(vi) "Liabilities" means probable future
sacrifices of economic benefits arising from present obligations to transfer
assets or provide services to other entities in the future as a result of past
transactions or events.
(vii) "Net
working capital" means current assets minus current liabilities.
(viii) "Net worth" means total assets minus
total liabilities and is equivalent to owner's equity.
(ix) "Tangible net worth" means the tangible
assets that remain after deducting liabilities; such assets would not include
intangibles such as goodwill and rights to patents or royalties.
334. In the liability insurance
requirements the terms "bodily injury" and "property damage" shall have the
meanings given these terms by applicable State of Alabama law. However, these
terms do not include those liabilities which, consistent with standard industry
practice, are excluded from coverage in liability policies for bodily injury
and property damage. The Department intends the meanings of other terms used in
the liability insurance requirements to be consistent with their common
meanings within the insurance industry. The definitions given below of several
of the terms are intended to assist in the understanding of these regulations
and are not intended to limit their meanings in a way that conflicts with
general insurance industry usage.
(i)
"Accidental occurrence" means an accident, including continuous or repeated
exposure to conditions, which results in bodily injury or property damage
neither expected nor intended from the standpoint of the insured.
(ii) "Legal defense costs" means any expenses
that an insurer incurs in defending against claims of third parties brought
under the terms and conditions of an insurance policy.
(iii) "Nonsudden accidental occurrence" means
an occurrence which takes place over time and involves continuous or repeated
exposure.
(iv) "Sudden accidental
occurrence" means an occurrence which is not continuous or repeated in
nature.
(2) References.
The Environmental Protection Agency Regulations as they exist as set forth in 40 CFR § 260.11 (as published on June 14, 2005, and as amended on September 8, 2005; October 12, 2005; July 18, 2007; May 18, 2012; November 28, 2016; and July 7, 2020) are incorporated herein by reference.
A list of the publications and analytical testing methods incorporated by reference are available for purchase and inspection at the Department's offices at 1400 Coliseum Boulevard, Montgomery, Alabama 36110.
Notes
Author: Stephen C. Maurer; Stephen A. Cobb; Steven O. Jenkins; Robert W. Barr; Lynn T. Roper; Edwin C. Johnston; Kelley Lockhart; Vernon H. Crockett; Bradley N. Curvin; Theresa A. Maines; Heather M. Jones; Corey S. Holmes; Metz P. Duites; Linda J. Knickerbocker; Sonja B. Favors; Brent A. Watson; Jonah L. Harris.
Statutory Authority: Code of Ala. 1975, §§ 22-30-3, 22-30-11.
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No prior version found.