When used in this division, the following terms have the
meanings given below:
"Aboveground tank" means a device meeting the definition of
"tank" in section
66260.10 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.
"Accidental occurrence" means an accident, including
continuous or repeated exposure to conditions, which results in bodily injury,
property damage or environmental degradation neither expected nor intended from
the standpoint of the insured.
"Accumulated speculatively" means that a material 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. 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
section 66261.4(c) are
not to be included in making the calculation. (Materials that are already
defined as 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.
"Active life" or "Operating 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.
"Active portion" means that portion of a facility where
transfer, treatment, storage or disposal operations are being or have been
conducted after November 19, 1980 and which is not a closed portion.
"Activity" means any activity that is subject to regulation
under this division.
"Acute aquatic 96-hour LC50" means
the concentration of a substance or mixture of substances in water, in
milligrams per liter, which produces death within 96 hours in half of a group
of at least 10 test fish.
"Acute dermal LD50" means the dose
of a substance or mixture of substances, in milligrams per kilogram of test
animal body weight, which, when applied continuously to the bare skin for 24
hours, produces death within 14 days in half of a group of 10 or more
rabbits.
"Acute inhalation LCLO" means the
lowest concentration of a substance or mixture of substances in air, other than
acute inhalation LD50 in parts per million by volume if
the substance or mixture of substances is a gas or vapor, reported to have
caused death in humans or animals.
"Acute inhalation LC50" means the
concentration of a substance or mixture of substances in air, in parts per
million by volume if the substance or mixture of substances is a gas or vapor,
which when inhaled continuously for 8 hours by a group of 10 or more laboratory
white rats, each weighing between 200 and 300 grams, produces death in half the
group within 14 days.
"Acute LDLO" means the lowest dose,
other than an acute LD50 of a substance or mixture of
substances, in milligrams per kilogram body weight introduced orally or
dermally over any given period of time in one or more divided portions and
reported to have caused death in humans or animals.
"Acute oral LD50" means the dose of
a substance or mixture of substances, in milligrams per kilogram of test animal
body weight, which, when administered orally as a single dose, produces death
within 14 days in half of a group of 10 or more laboratory white rats which
have fasted for 24 hours immediately prior to administration of the dose, and
which weigh between 200 and 300 grams each.
"Acute toxicity" Means the ability of a substance or
mixture of substances to cause injury, illness or damage to humans, animals or
other living organisms by a single exposure of a duration measured in seconds,
minutes, hours or days or, in the case of oral ingestion, by a single
dose.
"Acute hazardous waste" see "Acutely hazardous
waste."
"Acutely hazardous waste" or "Acute hazardous waste" means
hazardous wastes that meet the listing criteria in section 261.11(a)(2) of 40
Code of Federal Regulations and therefore are either listed in section
66261.31 with the assigned hazard
code of (H) or are listed in section
66261.33(e) of
this division.
"Administrator" see "USEPA Administrator."
"Admitted carrier" means an insurance company entitled to
transact the business of insurance in this state, having complied with the laws
imposing conditions precedent to transactions of such business.
"AES filing compliance date" means the date that U.S. EPA
announces in the Federal Register, on or after which exporters of hazardous
waste and exporters of cathode ray tubes for recycling are required to file
U.S. EPA information in the Automated Export System or its successor system,
under the International Trade Data System (ITDS) platform.
"Affected medium" means any medium (e.g., ground water,
surface water or the unsaturated zone) that has been affected by a release from
a regulated unit.
For the purposes of chapters 14 and 15, "Air stripping
operation" is a desorption operation employed to transfer one or more volatile
components from a liquid mixture into a gas (air) either with or without the
application of heat to the liquid. Packed towers, spray towers, and bubble-cap,
sieve, or valve-type plate towers are among the process configurations used for
contacting the air and a liquid.
"Airbag waste" means any hazardous waste airbag modules or
hazardous waste airbag inflators.
"Airbag waste collection facility" means any facility that
receives airbag waste from airbag waste handlers in compliance with section
66261.4(j) of
this division and accumulates the waste for more than ten days.
"Airbag waste handler" means any person, by site, who
generates airbag waste, as defined in section
66260.10 of this division, that is
subject to regulation under this division.
"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 offsite.
"Applicant" means a person who applies to the Department or
to the USEPA for a permit, registration, certification or permission to take
specified action, pursuant to the provisions of this division.
"Application" means
(a) the USEPA standard national forms for
applying for a
permit (Form EPA 8700-23, Revised 1/90) and the information
required by the
Department under sections
66270.14 through
66270.29 (contents of
Part B of
the application); or
(b) the forms
approved by the
Department for applying for registration as a
hazardous waste
hauler. These forms are:
Form DTSC 187, revised 2/92: Hazardous Waste Hauler
Application
Form DTSC 8025, revised 2/92: Application for
Vehicle/container inspection
Form DTSC 8038, revised 2/93: Certificate of
insurance
Form DHS 8430, revised 3/89: Disclosure
Statement
"Aquifer" means a geologic formation, group of formations
or part of a formation capable of yielding a significant amount of ground water
to wells or springs.
"Assets" means all existing and all probable future
economic benefits obtained or controlled by a particular entity.
"Authorized agency" means, in a jurisdiction where there is
no CUPA, the agency authorized to continue its role, responsibilities and
authority pursuant to section
25404.3
of the Health and Safety Code to implement and enforce the requirements
identified in paragraph (1) of subdivision (c) of section
25404
of the Health and Safety Code. In those instances when the Department is the
authorized agency, the Department is not limited from exercising any authority
it otherwise has under the Health and Safety Code and Title 22 of the
California Code of Regulations.
"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.
"Average volatile organic concentration" or "average VO
concentration" means the mass-weighted average volatile organic concentration
of a hazardous waste as determined in accordance with the requirements of
section 66265.1084.
"Background monitoring point" means a well, device or
location specified in the facility permit at which monitoring for background
water, soil, air or soil-vapor quality is conducted.
"Bioaccumulative toxic substance" means a toxic substance
that concentrates in living organisms through direct assimilation or food chain
accumulation.
"Bodily Injury" means
(a) any injury that causes physical pain,
illness or any impairment of physical condition; or
(b) for the purposes of chapter 13 of this
division, "bodily injury" means injury to the body, sickness or disease to any
person, including death resulting from any of these.
"Boiler" means an enclosed device using controlled flame
combustion and having the following characteristics:
(a)
(1) the
unit must have physical provisions for recovering and exporting thermal energy
in the form of steam, heated fluids or heated gases; and
(2) 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 waterfalls 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
(3) 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
(4) 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
(b) the unit is one which the
USEPA Regional
Administrator has determined, on a case-by-case basis, to be a
boiler, after
considering the standards in 40 CFR section
260.32.
For the purposes of chapters 14 and 15, "Bottoms receiver"
means a container or tank used to receive and collect the heavier bottoms
fractions of the distillation feed stream that remain in the liquid
phase.
"Buffer zone" means an area of land which surrounds a
hazardous waste facility and on which certain land uses and activities are
restricted to protect the public health and safety and the environment from
existing or potential hazards caused by the migration of hazardous
waste.
"Bulk container" means any container or container-like
vehicle, other than a vessel or a barge, with a capacity greater than 119
gallons (450 liters), which is used to transport hazardous waste(s), hazardous
material(s), hazardous substance(s), or recyclable material(s) in bulk by air,
highway, rail, or water, including, but not limited to, cargo tanks, vacuum
trucks, roll-off bins, rail tank cars, and intermodal containers.
"Bulking" means the process of consolidating various
quantities of the same type of waste by placing them into a single, larger
container.
"Business" means the conduct of an activity and is not
limited to a commercial or proprietary activity.
"Business concern" means any sole proprietorship,
corporation, association, firm, partnership, trust or other form of commercial
organization.
"By-product" 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.
"Carbon regeneration unit" means any enclosed thermal
treatment device used to regenerate spent activated carbon.
"Cargo tank" means any tank permanently attached to, or a
structural part of, a vehicle; or any bulk liquid or compressed gas packaging
that is not permanently attached to a vehicle and by reason of its size,
construction or method of attachment is filled or emptied without removal from
the vehicle. The term does not include tanks that furnish fuel for propulsion
of motor vehicle, or auxiliary equipment on which they are installed or any
packaging fabricated to cylinder specifications.
"Cathode ray tube" or "CRT" means a vacuum tube or picture
tube used to convert an electrical signal into a visual image.
"Central Accumulation Area" means any on-site hazardous
waste accumulation area with hazardous waste accumulating in units subject to
either section
66262.16 (for small quantity
generators) or section
66262.17 of this division (for
large quantity generators).
"Certification" means a statement of professional opinion
based upon knowledge and belief.
"Certified Unified Program Agency (CUPA)" means the agency
certified pursuant to the requirements of Chapter 6.11 and Title 27,
CCR.
"Chemical of Potential Concern" or "COPC" means a chemical
or chemical constituent at or from the facility that is present in soil, water
or air, at a concentration that may pose a risk, and is potentially due to
facility related activities or contamination. This definition is solely for
purposes of the health risk assessment process pursuant to section
66270.14(e).
"Chemical toilet" means any portable or permanently
installed sanitation apparatus or system which utilizes a tank for toilet waste
retention and into which a chemical toilet additive is added.
"Chemical toilet additive" means any chemical substance,
biological agent, other material or formulation thereof, which is employed for
the primary purpose of controlling waste decomposition and odors in a chemical
toilet holding tank or any tank in which chemical toilet wastes are held,
collected or transported. The term "chemical toilet additive" includes, but is
not limited to, a chemical substance, biological agent or other material which
is a deodorant, bactericide, bacteriostat, microbiocide, chemical reactant,
surfactant or enzymatic agent.
"Chemical toilet waste" means the waste in or from a
chemical toilet.
"Chronic toxicity" means the ability of a substance or
mixture of substances to cause injury, illness or damage to humans, animals or
other living organisms by prolonged or repeated exposure or consumption over a
period of days, weeks, months or years.
"Class I Violation" means:
(a) a deviation from the requirements
specified in Chapter 6.5 of Division 20 of the Health and Safety Code, or
regulations,
permit or
interim status document conditions, standards, or
requirements adopted pursuant to that chapter, that represents a significant
threat to human health or safety or the environment, because of (1) the volume
of the
waste; (2) the
relative hazard of the
waste; or (3) the proximity of the
population at risk, or that is significant enough that it could result in a
failure to accomplish the following:
(A)
Assure that hazardous wastes are destined for and delivered to an authorized
hazardous waste facility;
(B)
Prevent releases of hazardous waste or constituents to the environment during
the active or post closure period of facility operation;
(C) Assure early detection of such
releases;
(D) Assure adequate
financial resources in the case of releases; or
(E) Assure adequate financial resources to
pay for facility closure;
(F)
Perform emergency clean-up operation or other corrective action for releases;
or
(b) The deviation is a
Class II violation which is a chronic violation or committed by a recalcitrant
violator.
"Class II Violation" means a deviation from the
requirements specified in Chapter 6.5 of Division 20 of the Health and Safety
Code, or regulations, permit or interim status document conditions standards,
or requirements adopted pursuant to that chapter, that is not a Class I
violation.
"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 and for which the Department has
released the owner and operator from the financial assurance requirements for
closure under section
66264.143(j) or
section 66265.143(i).
For the purposes of chapters 14 and 15, "Closed-vent
system" means a system that is not open to the atmosphere and that is composed
of piping, connections, and, if necessary, flow-inducing devices that transport
gas or vapor from a piece or pieces of equipment to a control device.
"Closure" means the act of closing a hazardous waste
management facility or hazardous waste management unit to pursuant the
requirements of chapters 14 and 15 of this division.
"Closure device" means a cap, hatch, lid, plug, seal,
valve, or other type of fitting that blocks an opening in a cover such that
when the device is secured in the closed position it prevents or reduces air
pollutant emissions to the atmosphere. Closure devices include devices that are
detachable from the cover (e.g., a sampling port cap), manually operated (e.g.,
a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded
pressure relief valve).
"Closure period" means the period during which a unit at a
hazardous waste management facility is being closed according to an approved
closure plan.
"Closure plan" means the plan for closure prepared in
accordance with section
66264.112 or section
66265.112.
"Commence" means to receive the first delivery of
waste.
"Component" 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 tank or ancillary equipment of a tank system, a pump seal,
pump, kiln liner, kiln thermocouple).
"Concentration limit" means the value for a constituent
specified in the water quality protection standard or environmental protection
standard including, but not limited to, values for concentration, temperature,
pH, conductivity and resistivity.
For the purposes of chapters 14 and 15, "Condenser" means a
heat-transfer device that reduces a thermodynamic fluid from its vapor phase to
its liquid phase.
"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 ground water.
For the purposes of chapters 14 and 15, "Connector" means
flanged, screwed, welded, or other joined fittings used to connect two
pipelines or a pipeline and a piece of equipment. For the purposes of reporting
and recordkeeping, connector means flanged fittings that are not covered by
insulation or other materials that prevent location of the fittings.
"Consignee" means the ultimate treatment, storage or
disposal facility in a receiving country to which the hazardous waste will be
sent.
"Consignment state" or "Destination state" means the state
to which the shipment is manifested. This definition takes effect on September
5, 2006.
"Consolidated Manifest" means a hazardous waste manifest
used by a milkrun or consolidated transporter to combine hazardous waste
shipments from multiple generators on one consolidated manifest pursuant to the
procedures in Health and Safety Code section
25160.2.
"Consolidated Transporter" means a hazardous waste
transporter registered pursuant to Health and Safety Code section
25165
and the regulations adopted by the Department who has notified the Department
pursuant to Health and Safety Code section
25165
of its intent to use the consolidated manifesting procedures set forth in
Health and Safety Code section
25160.2.
"Constituents of concern" means any waste constituents,
reaction products and hazardous constituents that are reasonably expected to be
in or derived from waste contained in a regulated unit.
"Container" means any device that is open or closed, and
portable in which a material can be stored, handled, treated, transported,
recycled or disposed of.
"Containment building" means a hazardous waste management
unit that is used to store or treat hazardous waste under the provisions of
article 29 of chapters 14 or 15 of this division.
"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 waste or hazardous waste
constituents which could threaten human health or the environment.
For the purposes of chapters 14 and 15, "Continuous
recorder" means a data-recording device recording an instantaneous data value
at least once every 15 minutes.
"Continuous seal" means a seal that forms a continuous
closure that completely covers the space between the edge of the floating roof
and the wall of a tank. A continuous seal may be a vapor-mounted seal,
liquid-mounted seal, or metallic shoe seal. A continuous seal may be
constructed of fastened segments so as to form a continuous seal.
For the purposes of chapter 19, "Contractor" means the
entity authorized by a contract between the entity and the governmental agency
to address a release of a hazardous substance on behalf of the governmental
agency.
"Control chart" means a graphical method for evaluating
whether a process is or is not in a state of statistical control.
For the purposes of chapters 14 and 15, "Control device"
means an enclosed combustion device, vapor recovery system, or flare. Any
device the primary function of which is the recovery or capture of solvents or
other organics for use, reuse, or sale (e.g., a primary condenser on a solvent
recovery unit) is not a control device.
For the purposes of chapters 14 and 15, "Control device
shutdown" means the cessation of operation of a control device for any
purpose.
"Corrective action management unit" means an area within a
facility that is designated by the Department under article 15.5 of chapter 14
of this division, for the purpose of implementing corrective action
requirements under articles 6, 15.5, or 17 of chapter 14 of this division or
article 18 of chapter 15 of this division, Health and Safety Code sections
25200.10
or
25187,
or section
25358.9
where as provided for under the provisions of that section the Department has
excluded the removal or remedial action at a site from the hazardous waste
facilities permit required by Health and Safety Code section
25201,
or federal RCRA section 3005 [Title 42, U.S.C., section 6925] .
A corrective action management unit shall only be used for the management of
remediation wastes pursuant to implementing such corrective action requirements
at the facility.
"Corrosion expert" means a person who, by reason of that
person's 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.
"Cover" means a device that provides a continuous barrier
over the hazardous waste managed in a unit to prevent or reduce air pollutant
emissions to the atmosphere. A cover may have openings (such as access hatches,
sampling ports, gauge wells) that are necessary for operation, inspection,
maintenance, and repair of the unit on which the cover is used. A cover may be
a separate piece of equipment which can be detached and removed from the unit
or a cover may be formed by structural features permanently integrated into the
design of the unit.
"Covered container" means any container which is equipped
with a cover or other device that will prevent the escape of a liquid or solid
substance when closed.
"CRT" see "Cathode ray tube."
"CRT device" means any electronic device that contains one
or more CRTs including, but not limited to, computer monitors, televisions,
cash registers and oscilloscopes.
"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.
"Current closure cost estimate" means the most recent of
the estimates prepared in accordance with section
66264.142 or section
66265.142.
"Current liabilities" means obligations for which
liquidation is reasonably expected to require the use of existing resources
properly classifiable as current assets or the creation of other current
liabilities.
"Current plugging and abandonment cost estimate" means the
most recent of estimates prepared in accordance with
40 CFR section
144.62(a), (b) and (c)
incorporated by reference in section
66260.11 of this chapter.
"Current postclosure cost estimate" means the most recent
of the estimates prepared in accordance with section
66264.144 or section
66265.144.
"Day" means a calendar day. Periods of time are calculated
by excluding the first day and including the last. Except, if the last day is a
Saturday, Sunday or other holiday specified in Government Code section
6700 it is
also excluded.
"Debris" means solid material exceeding a 60 mm particle
size that is intended for disposal and that is: A manufactured object; or plant
or animal matter; or natural geologic material. However, the following
materials are not debris: any material for which a specific treatment standard
is provided in article 4 of chapter 18 of this division, namely lead acid
batteries, cadmium batteries, and radioactive lead solids; process residuals
such as smelter slag and residues from the treatment of waste, wastewater,
sludges, or air emission residues; and intact containers of hazardous waste
that are not ruptured and that retain at least 75% of their original volume. A
mixture of debris that has not been treated to the standards provided by
section 66268.45 and other material is
subject to regulation as debris if the mixture is comprised primarily of
debris, by volume, based on visual inspection.
"Decontaminate" means to make free of wastes that are
hazardous pursuant to the criteria in chapter 11 of this division.
"Department" means the Department of Toxic Substances
Control.
"Designated facility" means a hazardous waste transfer,
treatment, storage, or disposal facility which has received a permit (or a
facility with interim status) in accordance with the requirements of chapters
20 and 21 of this division, a permit from a State authorized in accordance with
part 271 of title 40 CFR, or that is regulated under chapter 16 of this
division, or has received a permit, a grant of interim status, or a variance to
operate without a permit or grant of interim status from the Department, or is
otherwise authorized by law to receive specific hazardous wastes, and that has
been designated on the manifest by the generator pursuant to section
66262.20. This definition is
repealed as of September 5, 2006.
"Designated facility" means
(1) a hazardous waste transfer, treatment,
storage, or disposal facility which has received a permit (or a facility with
interim status) in accordance with the requirements of chapters 20 and 21 of
this division, or
(2) has received a
permit from a State authorized in accordance with part 271 of 40 Code of
Federal Regulations, or
(3) that is
regulated under chapter 16 of this division, or
(4) has received a permit, a grant of interim
status, or a variance to operate without a permit or grant of interim status
from the Department, or
(5) is
otherwise authorized by law to receive specific hazardous wastes, and
(6) that has been designated on the
manifest
by the
generator pursuant to section
66262.20.
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
sections
66264.72 subsection (f) or
66265.72 subsection (f). 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 shall be a facility allowed by
the Receiving state to accept such
waste. This definition takes effect on
September 5, 2006.
"Destination facility" means a facility that treats,
disposes of, or recycles a particular category of universal waste, except those
management activities described in paragraphs (a) and (c) of sections 273.13
and 273.33 of 40 Code of Federal Regulations and section
66273.33. A facility at which a
particular category of universal waste is only accumulated, is not a
destination facility for purposes of managing that category of universal
waste.
"Destination state" see "Consignment state". This
definition takes effect on September 5, 2006.
"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.
"Director" means the State Department of Toxic Substances
Control Director, or an authorized representative.
"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.
"Disclosure statement," as defined by Health and Safety
Code section
25112.5,
means the following:
(a) a statement
submitted to the
Department by an
applicant, signed by the
applicant under
penalty of perjury, which includes all of the following information:
(1) the full name, any previous name or
names,
business address, social security number and driver's license number of
all of the following:
(A) the
applicant;
(B) any officers,
directors or partners, if the applicant is a business concern;
(C) all persons or any officers, partners, or
any directors if there are no officers, of business concerns holding more than
five percent of the equity in, or debt liability of the applicant, except that
if the debt liability is held by a lending institution, the applicant shall
only supply the name and address of the lending institution;
(2) Except as provided in
subdivision (b), the following persons listed on the disclosure statement shall
properly submit completed fingerprint images and related identification
information:
(A) the sole
proprietor;
(B) the
partners;
(C) all persons listed in
subparagraph (C) of paragraph (1) and any officers or directors of the
applicant company as required by the Department;
(3) if fingerprint images and related
identification information are submitted for purposes of paragraph (2), the
fingerprint images and related identification information shall be submitted
for any person required by paragraph (2) only once. If there is a change in the
person serving in a position for which fingerprint images and related
identification information are required to be submitted pursuant to paragraph
(2), fingerprint images and related identification information shall be
captured and submitted for that person. Fingerprint images and the related
identification information may be obtained using the Department of Justice's
electronic fingerprint network.
(4)
the full name and business address of any business concern which generates,
transports, treats, stores, recycles, disposes of or handles hazardous waste
and hazardous materials in which the applicant holds at least a five percent
debt liability or equity interest;
(5) a description of any local, state, or
federal licenses, permits, or registrations for the generation, transportation,
treatment, storage, recycling, disposal or handling of hazardous waste or
hazardous materials applied for, or possessed by the applicant, or by the
applicant under any previous name or names, in the five years preceding the
filing of the statement, or, if the applicant is a business concern, by the
officers, directors, or partners of the business concern, including the name
and address or the issuing agency;
(6) a listing and explanation of any final
administrative orders or license revocations or suspensions issued or initiated
by any local, state or federal authority, in the five years immediately
preceding the filing of the statement, or any civil or criminal prosecutions
filed in the five years immediately preceding, or pending at the time of, the
filing of the statement, with any remedial actions or resolutions if
applicable, relating to the generation, transportation, treatment, storage,
recycling, disposal or handling of hazardous waste or hazardous materials
received by the applicant, or by the applicant under any previous name or
names, or, if the applicant is a business concern, by any officer, director or
partner of the business concern;
(7) a listing of any agencies outside of the
state which regulate, or had regulated, the applicant's, or the applicant's
under any previous name or names, generation, transportation, treatment,
storage, recycling, disposal or handling of hazardous waste or hazardous
materials in the five years preceding the filing of the disclosure
statement;
(8) a listing and
explanation of any federal or state conviction, judgment, or settlement, in the
five years immediately preceding the filing of the statement, with any remedial
actions or resolutions if applicable, relating to the generation,
transportation, treatment, storage, recycling, disposal or handling of
hazardous waste or hazardous materials by the applicant, or by the applicant
under any previous name or names, or if the applicant is a business concern, by
any officer, director or partner of the business concern;
(9) a listing of all owners, officers,
directors, trustees and partners of the applicant who have owned, or been an
officer, director, trustee or partner of, any company which generated,
transported, treated, stored, recycled, disposed of, or handled hazardous
wastes or hazardous materials and which was the subject of any of the actions
described in paragraphs (6) and (8) for the five years preceding the filing of
the statement.
(b)
Notwithstanding paragraph (2) of subdivision (a), a corporation, the stock of
which is listed on a national securities exchange and registered under the
Securities Exchange Act of 1934 (15 U.S.C. Sec.
78a et seq.), or a
subsidiary of such a corporation, is not subject to the fingerprint
requirements of subdivision (a).
(c) In lieu of the statement specified in
subdivision (a), a corporation, the stock of which is listed on a national
securities exchange or on the National Market System of the NASDAQ Stock Market
and registered under the Securities Exchange Act of 1934 (15 U.S.C. section
78a
et seq.), or a subsidiary of such a corporation, may submit to the
Department
copies of all periodic reports, including, but not limited to, those reports
required by Section
78m of title 15 of the
United States Code and
Part 229 (commencing with Section 229.10) of chapter
II of title 17 of the Code
of Federal Regulations that the corporation or subsidiary has filed with the
Securities and Exchange
Commission in the three years immediately preceding the
submittal, if the corporation or subsidiary thereof has held a
hazardous waste
facility permit or operated a
hazardous waste facility under
interim status
pursuant to Health and Safety Code section
25200
or
25200.5
since January 1, 1984.
"Disposal" means:
(a) the discharge, deposit, injection,
dumping, spilling, leaking or placing of any waste or hazardous waste into or
on any land or water so that such waste or hazardous waste or any constituent
thereof may enter the environment or be emitted into the air or discharged into
any waters, including ground waters;
(b) the abandonment of any waste.
"Disposal facility" means a facility or part of a facility
at which hazardous waste is intentionally placed into or on any land or water,
and at which waste will remain after closure. The term "disposal facility" does
not include a corrective action management unit into which remediation wastes
are placed.
"Disposal site" means the location where any final
deposition of hazardous waste occurs.
For the purposes of chapters 14 and 15, "Distillate
receiver" means a container or tank used to receive and collect liquid material
(condensed) from the overhead condenser of a distillation unit and from which
the condensed liquid is pumped to larger storage tanks or other process
units.
For the purposes of chapters 14 and 15, "Distillation
operation" means an operation, either batch or continuous, separating one or
more feed stream(s) into two or more exit streams, each exit stream having
component concentrations different from those in the feed stream(s). The
separation is achieved by the redistribution of the components between the
liquid and vapor phase as they approach equilibrium within the distillation
unit.
For the purposes of chapters 14 and 15, "Double block and
bleed system" means two block valves connected in series with a bleed valve or
line that can vent the line between the two block valves.
"Draft permit" means a document prepared under section
66271.5 or
40 CFR section
124.6 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, as discussed in section
66271.4, are types, of draft
permits. A denial of a request for modification, revocation and reissuance, or
termination, as discussed in section
66271.4 or
40 CFR section
124.5 is not a "draft permit." A proposed
permit is not a draft permit.
"Drip pad" means 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.
"Electronic device" means any electronic device that is
identified as hazardous waste because it either exhibits the characteristic of
toxicity as specified in article 3 of chapter 11 of this division, and/or is a
listed hazardous waste as specified in article 4.1 of chapter 11 of this
division.
Examples of electronic devices include: computer monitors,
televisions, cash registers and oscilloscopes (CRT devices), computers,
computer peripherals, telephones, answering machines, radios, stereo equipment,
tape players/recorders, phonographs, video cassette players/recorders, compact
disc players/recorders, calculators, and some appliances. Electronic device
does not mean a major appliance, as defined in Public Resources Code section
42166,
or other devices which are comprised largely of metals, qualify as "scrap
metal" as defined in this section, and are recycled.
"Electronic import-export reporting compliance date" means
the date that U.S. EPA announces in the Federal Register, on or after which
exporters, importers, and receiving facilities are required to submit certain
export and import related documents to U.S. EPA using U.S. EPA's Waste Import
Export Tracking System, or its successor system.
"Electronic manifest" or "e-Manifest" means the electronic
format of the hazardous waste manifest that is obtained from U.S. EPA's
national e-Manifest system and transmitted electronically to the system, and
that is the legal equivalent of U.S. EPA Forms 8700-22 (Manifest) and 8700-22A
(Continuation Sheet).
"Electronic Manifest System" or "e-Manifest System" means
U.S. 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.
"Elementary neutralization unit" means a device
which:
(a) is used for neutralizing
wastes which are hazardous wastes only because they exhibit the corrosivity
characteristic defined in section
66261.22, or are listed in article
4 of chapter 11 of this division only for this reason; and,
(b) meets the definition of tank, tank
system, container, transport vehicle or vessel in this section.
"Emergency permit" means a permit issued in accordance with
section 66270.61.
"Enclosure" means a structure that surrounds a tank or
container, captures organic vapors emitted from the tank or container, and
vents the captured vapors through a closed-vent system to a control
device.
"End-user" means
(a) any
person who receives a
hazardous waste
from an unaffiliated third party and who intends to, or does, use or reuse that
waste as:
(1) an ingredient in an industrial
process to make a product, provided that distinct components of the material
are not recovered as separate end products; or
(2) a substitute for a raw material in a
process that uses raw materials as principal feedstocks; or
(3) a substitute for a commercial product in
a particular function or application.
(b) "End-user" does not include:
(1) a person who receives a RCRA hazardous
waste;
(2) a person who receives a
hazardous waste from an unaffiliated third party and who intends to, or does,
process that waste to recover usable products or regenerate that
waste;
(3) a person managing a
material that is not a waste pursuant to Health and Safety Code section
25143.2.
"EPA Acknowledgment of Consent" means the cable sent to the
USEPA from the U.S. Embassy in a receiving country that acknowledges the
written consent of the receiving country to accept the hazardous waste and
describes the terms and conditions of the receiving country's consent to the
shipment.
"EPA hazardous waste number" means the number assigned to
each hazardous waste listed in article 4 of chapter 11 of this division and to
each characteristic identified in article 3 of chapter 11 of this division as
an EPA hazardous waste number.
For the purposes of chapters 14 and 15, "Equipment" means
each valve, pump, compressor, pressure relief device, sampling connection
system, open-ended valve or line, or flange or other connector, and any control
devices or systems required by these regulations.
"Equivalent method" means any testing or analytical method
approved by the USEPA Administrator under
40 CFR sections
260.20 and
260.21 or by the Department under
section 66260.21 of this division.
"Existing component" see "Existing tank system."
"Existing facility" see "Existing hazardous waste
management facility."
"Existing hazardous waste facility" see "Existing hazardous
waste management facility."
"Existing hazardous waste management (HWM) facility,"
"Existing hazardous waste facility," or "existing facility" means a facility
which was in operation or for which construction commenced on or before
November 19, 1980 and for which a Part A permit application has been submitted
to the Department or the USEPA. A facility has commenced construction
if:
(a) the owner or operator has
obtained the Federal, State and local approvals or permits necessary to begin
physical construction; and either
(b)
(1) a
continuous onsite, physical construction program has begun; or
(2) the owner or operator has entered into
contractual obligations, which cannot be cancelled or modified without
substantial loss, for physical construction of the facility to be completed
within a reasonable time.
"Existing portion" means:
(a) that land surface area of an existing
facility, included in the original RCRA Part A permit application, on which
wastes have been placed prior to February 2, 1985;
(b) for facilities that were not required to
submit a RCRA permit application, that land surface area of an existing
facility on which wastes have been placed prior to February 2, 1985.
"Existing tank system" or "existing tank component" means a
tank system or component that is used for the transfer, storage or treatment of
hazardous waste and that is in operation, or for which installation has
commenced on or prior to the dates indicated below:
(a) July 14, 1986, for tanks containing RCRA
hazardous wastes, unless:
(1) the
owner or
operator is a
very small quantity generator as defined in section
66260.10, or a
small quantity
generator as defined in section
66260.10, or
(2) the owner or operator is not subject to
regulation in 40 Code of Federal Regulations part 264 or part 265 pursuant to
an exemption in 40 Code of Federal Regulations section 264.1 or section
265.1;
(b) July 1, 1991
for:
(1) tanks containing only non-RCRA
hazardous wastes, and
(2) tanks
containing RCRA hazardous wastes, if:
(A) the
owner or operator is a
very small quantity generator as defined in section
66260.10, or a
small quantity
generator as defined in section
66260.10, or
(B) the
owner or operator is not subject to
regulation in 40 CFR part
264 or part 265 pursuant to an exemption in
40 CFR section
264.1 or section
265.1, but the
owner or operator
is subject to the standards of article 10 of chapter 14 or article 10 of
chapter 15 of this division.
Installation will be considered to have commenced if the
owner or operator has obtained all Federal, State and local approvals or
permits necessary to begin physical construction of the site or installation of
the tank system and if either a continuous onsite physical construction or
installation program has begun, or 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.
"External floating roof" means a pontoon-type or
double-deck type cover that rests on the surface of the material managed in a
tank with no fixed roof.
"Extremely hazardous material" means a substance or
combination of substances which, if human exposure should occur, may likely
result in death, disabling personal injury or serious illness caused by the
substance or combination of substances because of its quantity, concentration
or chemical characteristics.
"Extremely hazardous waste" means any hazardous waste or
mixture of hazardous wastes which, if human exposure should occur, may likely
result in death, disabling personal injury or serious illness caused by the
hazardous waste or mixture of hazardous wastes because of its quantity,
concentration or chemical characteristics.
"Facility" see "Hazardous waste facility."
"Facility mailing list" means the mailing list for a
facility maintained by the Department in accordance with section
66271.9(c)(1)(D).
"Facility personnel" see "Personnel."
"Federal agency" means any department, agency or other
instrumentality of the Federal Government, any independent agency or
establishment of the Federal Government including any Government corporation,
and the Government Printing Office.
"Federal, State and local approvals or permits necessary to
begin physical construction" means permits and approvals required under
Federal, State or local hazardous waste control statutes, regulations or
ordinances.
"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 chapters 14
and 15 of this division are no longer conducted at the facility unless subject
to the provisions in section
66262.15,
66262.16, or
66262.17.
"Fine powder" means a metal in dry, solid form having a
particle size smaller than 100 micrometers (0.004 inches) in diameter.
For the purposes of chapters 14 and 15, "First attempt at
repair" means to take rapid action to maintain compliance with Section
66265.31, for the purpose of
stopping or reducing leakage of organic material to the atmosphere using best
practices.
"Fixed roof" means a cover that is mounted on a unit in a
stationary position and does not move with fluctuations in the level of the
material managed in the unit.
"Fixed Treatment Unit" means any equipment which performs a
treatment as defined in this section and which is permanently stationed, or
which is periodically assembled for use, at a single facility for the purpose
of performing treatment, regardless of the period or frequency of
treatment.
For the purposes of chapters 14 and 15, "Flame zone" means
the portion of the combustion chamber in a boiler occupied by the flame
envelope.
For the purposes of chapters 14 and 15, "Flow indicator"
means a device that indicates whether gas flow is present in a vent
stream.
"Floating membrane cover" means a cover consisting of a
synthetic flexible membrane material that rests upon and is supported by the
hazardous waste being managed in a surface impoundment.
"Floating roof" means a cover consisting of a double deck,
pontoon single deck, or internal floating cover which rests upon and is
supported by the material being contained, and is equipped with a continuous
seal.
"Food-chain crops" means tobacco, crops grown for human
consumption and crops grown for feed for animals whose products are consumed by
humans.
For the purposes of chapters 14 and 15, "Fractionation
operation" means a distillation operation or method used to separate a mixture
of several volatile components of different boiling points in successive
stages, each stage removing from the mixture some proportion of one of the
components.
"Free liquids" means liquids which readily separate from
the solid portion of a waste under ambient temperature and pressure. Free
liquids are determined by using the paint filter test (EPA Method No. 9095), as
modified in section
66264.314(b) of
this division.
"Freeboard" means the vertical distance between the top of
a tank or surface impoundment dike, and the surface of the waste contained
therein.
"Functionally equivalent component" means a component which
performs the same function or measurement and which meets or exceeds the
performance specifications of another component.
"Generator" or "Producer" means any person, by site, whose
act or process produces hazardous waste identified or listed in chapter 11 of
this division or whose act first causes a hazardous waste to become subject to
regulation.
For the purposes of chapter 19, "Generator" has the same
meaning as in Health and Safety Code section
25205.1.
"Generator state" means the state where the waste is
generated and from which the shipment originates. This definition takes effect
on September 5, 2006.
"Groundwater" means water below the land surface in a zone
of saturation.
"Halogenated organic compounds" or "HOCs" means those
compounds having a carbon-halogen bond which are listed under Appendix III or
Appendix III-A to chapter 18 of this division.
For the purposes of chapter 19 and article 4 of this
chapter, "Handler" means any person that generates, transports, offers for
transport, treats, stores, or disposes of hazardous waste.
"Handling" means the transporting or transferring from one
place to another, or pumping, processing, storing or packaging of hazardous
waste, but does not include the handling of any substance before it becomes a
waste.
"Hard-piping" means pipe or tubing that is manufactured and
properly installed in accordance with relevant standards and good engineering
practices.
"Hauler" means a transporter.
"Hazardous Constituent" means:
(a) a constituent identified in Appendix VIII
to chapter 11 of this division; or
(b) any other element, chemical compound, or
mixture of compounds which is a component of a hazardous waste or leachate and
which has a physical or chemical property that causes the waste or leachate to
be identified as a hazardous waste.
"Hazardous debris" means debris that contains a hazardous
waste listed in article 4 of chapter 11 of this division, or that exhibits a
characteristic of hazardous waste identified in article 3 of chapter 11. Any
deliberate mixing of prohibited hazardous waste with debris that changes its
treatment classification (i.e., from waste to hazardous debris) is not allowed
under the dilution prohibition in section
66268.3 of this division.
"Hazardous material" as defined in Health and Safety Code
Section
25501
as applied in Chapter 6.95 of Division 20 of the Health and Safety Code.
"Hazardous waste" means a hazardous waste as defined in
section 66261.3 of this division.
"Hazardous waste" includes acutely hazardous waste, extremely hazardous waste,
non-RCRA hazardous waste, RCRA hazardous waste, special waste and universal
waste.
"Hazardous waste constituent" means a constituent that
caused the USEPA Administrator to list the hazardous waste in 40 CFR Part 261,
Subpart D, or a constituent listed in Table 1 of
40 CFR section
261.24.
"Hazardous waste discharge" see "discharge."
"Hazardous waste facility," "hazardous waste management
facility," "HW facility," or "facility" means:
(a) all contiguous land and structures, other
appurtenances, and improvements on the land used for the treatment, transfer,
storage, resource recovery, disposal or recycling of hazardous waste. A
hazardous waste facility may consist of one or more treatment, transfer,
storage, resource recovery, disposal or recycling operational units or
combinations of these units.
(b)
For the purpose of implementing corrective action under articles 6, 15.5, or 17
of chapter 14 or article 18 of chapter 15 of this division, all contiguous
property under the control of the
owner or operator seeking a
permit under
Title 22, Division 4.5 of the California Code of Regulations. This definition
applies to all contiguous property of an
owner or operator implementing
corrective action at a facility under Health and Safety Code sections
25200.10
or
25187,
or federal RCRA section 3004(u) [Title 42, U.S.C., section
6924(u)] or federal RCRA
section 3008(h) [Title 42,
U.S.C., section
6928(h)] .
This definition also applies to all contiguous property of an
owner or operator
implementing removal or
remedial action at an extra-large, large, medium, or
small
site where hazardous substances have been released or threaten to be
released under Health and Safety Code sections
25187
or
25358.9
where as provided for under the provisions of that section the
Department has
excluded the removal or
remedial action at a
site from the
hazardous waste
facilities
permit required by Health and Safety Code section
25201.
"Hazardous waste facility permit" or "permit" means an
authorization, license or equivalent control document issued by the USEPA or
the Department to implement the requirements of RCRA and this division.
"Permit" includes permit by rule pursuant to section
66270.60, and emergency permit
pursuant to section
66270.61. "Permit" does not
include interim status (article 7 of chapter 20), or any permit which has not
yet been the subject of final USEPA or Department action, such as a draft
permit or a proposed permit.
"Hazardous waste management" see "Management."
"Hazardous waste management facility" see "Hazardous waste
facility."
"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, a waste
transfer area, 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.
For the purposes of chapters 14 and 15, "Hazardous waste
management unit shutdown" means a work practice or operational procedure that
stops operation of a hazardous waste management unit or part of a hazardous
waste management unit. An unscheduled work practice or operational procedure
that stops operation of a hazardous waste management unit or part of a
hazardous waste management unit for less than 24 hours is not a hazardous waste
management unit shutdown. The use of spare equipment and technically feasible
bypassing of equipment without stopping operation are not hazardous waste
management unit shutdowns.
"Highway" means a way, or place, of whatever nature open to
the use of the public for purposes of vehicular travel. Highway includes
street.
"HOCs" see "Halogenated organic compound."
For the purposes of chapters 14 and 15, "Hot well" means a
container for collecting condensate as in a steam condenser serving a
vacuum-jet or steam-jet ejector.
"Household" means a single detached residence or a single
unit of a multiple residence unit and all appurtenant structures.
"Household hazardous waste" means any hazardous waste
generated incidental to owning and/or maintaining a place of residence.
Household hazardous waste does not include any waste generated in the course of
operating a business at a residence.
"HWM facility" see "Hazardous waste facility."
"ID Number" see "Identification number."
"Identification Number" or "ID Number" means the number
applied for by and and assigned to all handlers of hazardous waste. A State ID
number will be issued to handlers of non-RCRA hazardous waste (HW) and/or under
100 KG per calendar month of a RCRA HW. The State ID number will have a prefix
of three letters followed by nine numbers. A federal ID number (EPA ID number)
will be issued to handlers of 100 KG or more per calendar month of a RCRA HW
and/or more than 1 KG per calendar month of acute HW, and any amount of
non-RCRA HW. The federal ID number will have a prefix of three letters followed
by nine numbers. Federal facilities will have a prefix of two letters followed
by ten numbers.
"Ignitable" means capable of being set afire, or of
bursting into flame spontaneously or by interaction with another substance or
material.
For the purposes of chapter 19, "Immediate action" means an
activity initiated to address the release as soon as reasonably practicable
upon the governmental agency's discovery of the presence of the hazardous
substance.
For the purposes of chapter 19, "Imminent" means a chain of
events that may result in harm has been set in motion.
"Impoundment" see "Surface impoundment."
For the purposes of chapters 14 and 15, "In gas/vapor
service" means that the piece of equipment contains or contacts a hazardous
waste stream that is in the gaseous state at the operating conditions.
For the purposes of chapters 14 and 15, "In heavy liquid
service" means that the piece of equipment is not in either gas/vapor service
or in light liquid service.
For the purposes of chapters 14 and 15, "In light liquid
service" means that the piece of equipment contains or contacts a wastestream
where the vapor pressure of one or more of the components in the stream is
greater than 0.3 kilopascals (kPa) at 20 degrees C, the total concentration of
the pure components having a vapor pressure greater than 0.3 kPa at 20 degrees
C is equal to or greater than 20 percent by weight, and the fluid is a liquid
at the operating conditions.
"In light liquid service" means that the piece of equipment
contains or contacts a waste stream where the vapor pressure of one or more of
the organic components in the stream is greater than 0.3 kilopascals (kPa) at
20 deg.C, the total concentration of the pure organic components having a vapor
pressure greater than 0.3 kilopascals (kPa) at 20 deg.C is equal to or greater
than 20 percent by weight, and the fluid is a liquid at operating
conditions.
"In light material service" means the container is used to
manage a material for which both of the following conditions apply: The vapor
pressure of one or more of the organic constituents in the material is greater
than 0.3 kilopascals (kPa) at 20 deg.C; and the total concentration of the pure
organic constituents having a vapor pressure greater than 0.3 kPa at 20 deg.C
is equal to or greater than 20 percent by weight.
"In situ sampling systems" means non-extractive samplers or
in-line samplers.
"In operation" refers to a facility which is transferring,
treating, storing or disposing of hazardous waste.
For the purposes of chapters 14 and 15, "In vacuum service"
means that equipment is operating at an internal pressure that is at least 5
kPa below ambient pressure.
"Inactive portion" means that portion of a facility which
is not operated after November 19, 1980.
"Incinerator" means any enclosed device that:
(1) 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
(2) Meets the definition of infrared
incinerator or plasma arc incinerator.
"Incompatible waste" means a hazardous waste which is
unsuitable for:
(a) 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
(b) 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 to chapter
15 of this division for examples.)
"Independent sample" means an individual sample that has
not been affected by previous sampling efforts.
"Independently audited" refers to an audit performed by an
independent certified public accountant in accordance with generally accepted
auditing standards.
"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.
"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:
(a) cement kilns;
(b) lime kilns;
(c) aggregate kilns;
(d) phosphate kilns;
(e) coke ovens;
(f) blast furnaces;
(g) smelting, melting and refining furnaces
(including pyrometallurgical devices such as cupolas, reverberator furnaces,
sintering machines, roasters and foundry furnaces);
(h) titanium dioxide chloride process
oxidation reactors;
(i) methane
reforming furnaces;
(j) pulping
liquor recovery furnaces;
(k)
combustion devices used in the recovery of sulfur values from spent sulfuric
acid;
(l) Halogen acid furnaces
(HAFs) 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%, 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% as-generated.
(m) such other devices as the
USEPA
Administrator may, after notice and comment, add to the list of "industrial
furnaces" in 40 CFR section
260.10 on the basis of one or more of the
following factors:
(1) the design and use of
the device primarily to accomplish recovery of material products;
(2) the use of the device to burn or reduce
raw materials to make a material product;
(3) 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;
(4) the use of the device to burn or reduce
secondary materials as ingredients in an industrial process to make a material
product;
(5) the use of the device
in common industrial practice to produce a material product; and
(6) other factors, as appropriate.
"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.
"Injection well" means any bored, drilled, or driven shaft,
dug pit, or hole in the ground whose depth is greater than its largest surface
dimension and any associated subsurface appertances, including, but not limited
to, the casing.
"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.
"Inorganic metal-bearing waste" is one for which the
Department has established treatment standards for metal hazardous
constituents, and which does not otherwise contain significant organic or
cyanide content as described in section
66268.3(b)(1),
and is specifically listed in appendix XI of chapter 18.
"Interim status" means the authorization granted by the
Department or the USEPA which allows a facility to continue to operate pending
review and decision of the facility's permit application.
"Internal floating roof" means a cover that rests or floats
on the material surface (but not necessarily in complete contact with it)
inside a tank that has a fixed roof.
"International shipment" means the transportation of
hazardous waste into or out of the jurisdiction of the United States.
"Land disposal" means placement in or on the land, except
in a corrective action management unit, and includes, but is not limited to,
placement in a landfill, surface impoundment, waste pile, injection well, land
treatment facility, salt dome formation, salt bed formation, underground mine
or cave, or placement in a concrete vault or bunker intended for disposal
purposes.
"Land disposal method" means:
(a) disposal of hazardous wastes on or into
the land, including, but not limited to, landfill, surface impoundment, waste
piles, deep-well injection, land spreading and co-burial with municipal
garbage;
(b) treatment of hazardous
wastes on or in the land, such as neutralization and evaporation ponds and land
farming, where the treatment residues are hazardous wastes and are not removed
for subsequent processing or disposal within one year;
(c) storage of hazardous wastes on or in the
land, such as waste piles and surface impoundments, other than neutralization
and evaporation ponds, for longer than one year.
"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.
"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.
"Land treatment facility" means a facility or part of a
facility at which hazardous waste is applied onto or incorporated into the soil
surface so that hazardous constituents are degraded, transformed or immobilized
within the treatment zone. Such facilities are disposal facilities if the waste
will remain after closure.
"Large quantity generator" means a generator who generates
any of the following amounts in a calendar month:
(1) Greater than or equal to 1,000 kilograms
(2,200 lbs) of non-acute hazardous waste; or
(2) Greater than 1 kilogram (2.2 lbs) of
acute hazardous waste listed in section
66261.31 or section
66261.33(e) of
this division; or
(3) Greater than
1 kilogram (2.2 lbs) of extremely hazardous waste.
"Leachate" means any liquid, including any suspended
components in the liquid, that has percolated through or drained from hazardous
waste.
"Leachate collection and removal system/leak detection
system (LCRS/LDS)" means the liner system component that immediately underlies
the uppermost liner of a waste management unit, and that serves both:
(a) as a leachate collection and removal
system (LCRS), by collecting and conveying leachate to a sump for disposal;
and
(b) as a leak detection system
(LDS), by enabling the discharger to determine when the uppermost liner is
leaking, by virtue of the leachate flow rate through the uppermost liner's
exceeding the action leakage rate.
"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.
"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.
"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.
"License" includes, but is not limited to any permit,
registration or certification issued by any local, State, or Federal agency for
the generation, transportation, treatment, storage, recycling, disposal or
handling of hazardous waste.
"Liner" means a continuous layer of natural or man-made
materials, beneath or on the sides of a surface impoundment, landfill or
landfill cell, which restricts the downward or lateral escape of hazardous
waste, hazardous waste constituents or leachate.
"Liquid-mounted seal" means a foam or liquid-filled primary
seal mounted in contact with the hazardous waste between the tank wall and the
floating roof continuously around the circumference of the tank.
"Load" means the amount of waste transported by one truck,
one railroad car or one barge to a hazardous waste facility.
For the purposes of chapter 19, "Load checking program"
means an operation or operating procedure that is used by a person that
receives and manages solid waste if all of the following apply:
(1) The operation or operating procedure is
used to remove hazardous waste that is discovered and separated from solid
waste.
(2) The operation or
operating procedure is a requirement of a law, regulation, permit, or other
grant of authorization.
"Major facility" means any facility or activity classified
as such by the USEPA Regional Administrator in conjunction with the
Department.
For the purposes of chapters 14 and 15, "Malfunction" means
any sudden failure of a control device or a hazardous waste management unit or
failure of a hazardous waste management unit to operate in a normal or usual
manner, so that organic emissions are increased.
"Malfunction" means any sudden, infrequent, and not
reasonably preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner. Failures that
are caused in part by poor maintenance or careless operation are not
malfunctions.
"Management" or "hazardous waste management" means the
handling, storage, transportation, processing, treatment, recovery, recycling,
transfer and disposal of hazardous waste.
"Manifest" means the shipping document DHS 8022A, or the
equivalent document required by the state to which the waste will be shipped,
which is originated and signed by the generator in accordance with the
instructions included in the appendix to chapter 12 of this division. This
definition is repealed as of September 5, 2006.
"Manifest" and "California Uniform Hazardous Waste
Manifest" mean the shipping document, the Uniform Hazardous Waste Manifest, EPA
Form 8700-22, (including, if necessary, the Continuation Sheet, EPA Form
8700-22A), originated and signed by the generator or offeror in accordance with
the applicable requirements of chapters 12 through 15 and the applicable
requirements of 40 Code of Federal Regulations parts 262 through 265. This
definition takes effect on September 5, 2006.
"Manifest document number" means the unique number assigned
to the manifest by the Department for recording and reporting purposes. This
definition is repealed as of September 5, 2006.
"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 approved by U.S. EPA to print manifests under 40 Code of
Federal Regulations section 262. 21(c) and (e). This definition takes effect on
September 5, 2006.
"Maximum credible earthquake" means the maximum earthquake
which rationally appears capable of occurring under the presently known
tectonic framework and all known geologic and seismologic facts. The following
factors and standards shall be applied in determining the maximum credible
earthquake:
(a) the seismic history of
the vicinity and the geologic province;
(b) the length of the significant fault or
faults which can affect the site within a radius of 100 kilometers;
(c) the type(s) of faults involved;
(d) the tectonic and/or structural
history;
(e) the tectonic and/or
structural pattern or regional setting (geologic framework);
(f) the time factor (known or expected
frequency of occurrence) shall not be a parameter.
"Maximum organic vapor pressure" means the sum of the
individual organic constituent partial pressures exerted by the material
contained in a tank, at the maximum vapor pressure-causing conditions (i.e.,
temperature, agitation, pH effects of combining wastes, etc.) reasonably
expected to occur in the tank. For the purpose of chapter 14, and 15, maximum
organic vapor pressure is determined using the procedures specified in section
66265.1084(c).
"Mercury-containing motor vehicle light switch" means any
light switch found in the hood or in the trunk lid of a motor vehicle, if the
light switch contains mercury.
"Metallic shoe seal" means a continuous seal that is
constructed of metal sheets which are held vertically against the wall of the
tank by springs, weighted levers, or other mechanisms and is connected to the
floating roof by braces or other means. A flexible coated fabric (envelope)
spans the annular space between the metal sheet and the floating roof.
"Mining overburden returned to the mine site" means any
material overlying an economic mineral deposit which is removed to gain access
to that deposit and is then used for reclamation of a surface mine.
"Miscellaneous unit" means a hazardous waste management
unit where hazardous waste is transferred, treated, stored, or disposed of and
that is not a container, tank, surface impoundment, pile, land treatment unit,
landfill, incinerator, boiler, industrial furnace other than industrial
furnaces which are conditionally exempted pursuant to subsections (c) or (f) of
section 66266.100, underground injection
well with appropriate technical standards under article 5.5 commencing with
section 25159.10 of chapter 6.5 of division 20 of the Health and Safety Code,
containment building, corrective action management unit, or unit eligible for a
research, development and demonstration permit under section
66270.65.
"Monitoring parameter" means one of the set of parameters
specified in the facility permit for which monitoring is conducted. Monitoring
parameters shall include physical parameters, waste constituents, reaction
products, and hazardous constituents, that provide a reliable indication of a
release from a regulated unit.
"Monitoring point" means a well, device or location
specified in the facility permit at which the water quality or environmental
protection standard applies and at which monitoring is conducted.
"Movement" means that hazardous waste transported to a
facility in an individual vehicle.
"National Pollutant Discharge Elimination System" means the
national program for issuing, modifying, revoking and reissuing, terminating,
monitoring and enforcing permits, and imposing and enforcing pretreatment
requirements, under sections 307, 318, 402, and 405 of the Federal Water
Pollution Control Act (33
U.S.C. sections 1317,
1328,
1342 and
1345). The term includes an
approved program.
"Natural resources" includes, but is not limited to,
disposal site capacity and substances which are hazardous waste, or which are
in hazardous waste, the reuse of which is technologically and economically
feasible.
"Net working capital" means current assets minus current
liabilities.
"Net worth" means total assets minus total liabilities and
is equivalent to owner's equity.
"New facility" see "New hazardous waste management
facility."
"New hazardous waste facility" see "New hazardous waste
management facility."
"New hazardous waste management facility," "new hazardous
waste facility," or "new facility" means a facility which began operation, or
for which construction commenced after November 19, 1980.
"New tank component" see "New tank system."
"New tank system" or "new tank component" means a tank
system or component that will be used for the transfer, storage or treatment of
hazardous waste and for which installation (as defined under "Existing tank
system" in this section) has commenced after the dates indicated below; except,
however, for purposes of sections
66264.193(g) and
66265.193(g), a
new tank system is one for which construction commences after the dates
indicated below: (See also "Existing tank system.")
(a) July 14, 1986, for tanks containing RCRA
hazardous wastes, unless:
(1) the
owner or
operator is a
very small quantity generator as defined in section
66260.10, or a
small quantity
generator as defined in section
66260.10, or
(2) the owner or operator is not subject to
regulation in 40 Code of Federal Regulations part 264 or part 265 pursuant to
an exemption in 40 Code of Federal Regulations section 264.1 or section
265.1;
(b) July 1, 1991
for:
(1) tanks containing only non-RCRA
hazardous wastes, and
(2) tanks
containing RCRA hazardous wastes, if:
(A) the
owner or operator is a
very small quantity generator as defined in section
66260.10, or a
small quantity
generator as defined in section
66260.10, or
(B) the owner or operator is not subject to
regulation in 40 Code of Federal Regulations part 264 or part 265 pursuant to
an exemption in 40 Code of Federal Regulations section 264.1 or section 265.1,
but the owner or operator is subject to the standards of article 10 of chapter
14 or article 10 of chapter 15 of this division.
"No detectable organic emissions" means no escape of
organics to the atmosphere as determined using the procedure specified in
section 66265.1084(d).
"Non-acute hazardous waste" means all hazardous wastes that
are not acute hazardous waste or extremely hazardous waste, as defined in this
section.
"Non-RCRA hazardous waste" means all hazardous waste
regulated in the State, other than RCRA hazardous waste as defined in this
section. A hazardous waste is presumed to be a RCRA hazardous waste, unless it
is determined pursuant to section
66261.101 that the hazardous waste
is a non-RCRA hazardous waste.
"Nonsudden accidental occurrence" means an unforeseen and
unexpected accident which takes place over time, involves continuous or
repeated exposure and results in bodily injury, property damage or
environmental degradation.
"Nonwastewaters" means, for the purposes of chapter 18 of
this division, wastes that do not meet the criteria for wastewaters found in
the definition of "wastewaters" in this section.
"Offsite" means any site which is not onsite.
"Offsite facility" means a hazardous waste facility that is
not an onsite facility.
"Onground tank" means a device meeting the definition of
"tank" in this section 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.
"Onsite" means the same or geographically contiguous
property which may be divided by public or private right-of-way, provided the
entrance and exit between the properties is at a crossroads intersection, and
access is by crossing as opposed to going along, the right-of-way.
Noncontiguous properties owned by the same person but connected by a
right-of-way which that person controls and to which the public does not have
access, is also considered onsite property.
"Onsite facility" or "Onsite hazardous waste facility"
means a facility:
(a) at which a
hazardous waste is generated and which is owned by, leased to, or under the
control of, the generator of the waste; and
(b) which is located on the same or
geographically contiguous property, on which the waste is produced, which may
be divided by public or private right-of-way, provided 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. Noncontiguous properties
owned by the same person but connected by a right-of-way which the person
controls and to which the public does not have access, is also considered an
onsite facility.
"Onsite hazardous waste facility" see "Onsite
facility."
"Open burning" means the combustion of any material without
the following characteristics:
(a)
control of combustion air to maintain adequate temperature for efficient
combustion;
(b) containment of the
combustion-reaction in an enclosed device to provide sufficient residence time
and mixing for complete combustion; and
(c) control of emission of the gaseous
combustion products. (See also "incineration" and "
thermal treatment.")
For the purposes of chapters 14 and 15, "Open-ended valve
or line" means any valve, except pressure relief valves, having one side of the
valve seat in contact with hazardous waste and one side open to the atmosphere,
either directly or through open piping.
"Operator" means the person responsible for the overall
operation of a facility.
"Operating life" see "Active life."
"Owner" means the person who owns a facility or part of a
facility.
"Owner or operator" means the owner or operator of any
facility or activity subject to regulation under chapter 6.5 commencing with
section 25100, division 20, Health and Safety Code.
"P-value" means the smallest significance level for which
the null hypothesis would be rejected based on the data that was actually
observed.
"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.
"Part A of Permit Application" or "Part A" means an
application to the Department or the USEPA for a permit to operate a hazardous
waste facility. The application is described in section
66270.13.
"Part B of Permit Application" or "Part B" means the
operation plan described in sections
66270.14 through
66270.23 for a hazardous waste
facility.
"Partial closure" means the closure of a hazardous waste
management unit in accordance with the applicable closure requirements of
chapters 14 and 15 of this division 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 or will be placed in operation in the future.
"PCBs" see "Polychlorinated biphenyls."
"Permanent household hazardous waste collection facility"
or "PHHWCF" means a facility operated by a public agency or its contractor
which:
(a) is operated in accordance
with section
67450.25; and
(b) is permanently sited at a
location.
"Permit" see "Hazardous waste facility permit."
"Permit-by-rule" means a provision of these regulations
stating that a facility or activity is deemed to have a permit if it meets the
requirements of the provision.
"Permitted facility" means a facility that has received a
hazardous waste facility permit from the Department or the USEPA in accordance
with section
25200
of the Health and Safety Code or RCRA.
"Persistent toxic substance" means a toxic substance that
resists natural degradation or detoxification.
"Person" means an individual, trust, firm, joint stock
company, business concern, corporation, including, but not limited to, a
government corporation, partnership and association. "Person" also includes any
city, county, district, commission, the State or any department, agency or
political subdivision thereof, any interstate body, and the Federal Government
or any department or agency thereof to the extent permitted by law.
"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
this division.
"Photovoltaic cell" means a specialized semiconductor diode
designed to convert solar radiation into electrical energy. Photovoltaic cells
are individual cells that are not electrically connected or an integral part of
photovoltaic modules that are electrically connected. Photovoltaic cells are
also commonly referred to as solar cells. Photovoltaic cells are managed as
photovoltaic modules.
"Photovoltaic module" means a device consisting of or
containing one or more electrically connected photovoltaic cells that are
designed to convert solar radiation into electrical energy. Photovoltaic module
includes integrated components that cannot be separated without breaking the
photovoltaic module glass. Examples of integrated components include, but not
limited to, protective glass, conductive metal contact, metal framing the
photovoltaic cells, housing or pocket holding the photovoltaic cells/modules,
and top and back layer. Photovoltaic modules are composed of, but are not
limited to, monocrystalline silicon, polycrystalline silicon, amorphous
silicon, cadmium telluride, copper indium gallium selenide, and gallium indium
phosphide/gallium arsenide/gallium, and perovskite. Photovoltaic modules are
also commonly referred to as photovoltaic panels or solar panels. Photovoltaic
cells that are not electrically connected are managed as photovoltaic
modules.
"Photovoltaic panel" see "photovoltaic module."
"Photovoltaic system" means a set of components consisting
of one or more photovoltaic modules and includes any ancillary components that
can be manually separated without breaking the photovoltaic module glass such
as, but not limited to, metal frames used to support the photovoltaic module,
connectors, junction boxes, batteries, inverters, wires, and cables that are
connected to the photovoltaic module. Photovoltaic systems are also commonly
referred to as solar systems.
"Physical parameter" means any measurable physical
characteristic of a substance including, but not limited to, temperature,
electrical conductivity, pH and specific gravity.
"Physical construction" means excavation, movement of
earth, erection of forms or structures, or similar activity to prepare a
facility to accept hazardous waste.
"Pile" or "waste pile" means any noncontainerized
accumulation of solid, nonflowing hazardous waste that is used for treatment or
storage and that is not a containment building.
"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.
"Point of compliance" means a vertical surface located at
the hydraulically downgradient limit, of a regulated unit, that extends through
the uppermost aquifer.
"Point of waste origination" means as follows:
(1) When the facility
owner or operator is
the
generator of the
hazardous waste, the point of
waste origination means the
point where a solid
waste produced by a system, process, or
waste management
unit is determined to be a
hazardous waste as defined in this division.
[NOTE: In this case, this term is being used in a manner similar to the
use of the term "point of generation" in air standards established for waste
management operations under authority of the Clean Air Act in 40 CFR parts 60,
61 and 63.]
(2) When the
facility owner and operator are not the generator of the hazardous waste, point
of waste origination means the point where the owner or operator accepts
delivery or takes possession of the hazardous waste.
"Point of waste treatment" means the point where a
hazardous waste to be treated in accordance with section
66265.1083(c)(2)
exits the treatment process. Any waste determination shall be made before the
waste is conveyed, handled, or otherwise managed in a manner that allows the
waste to volatilize to the atmosphere.
"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.
"Polychlorinated biphenyls" or "PCBs" are halogenated
organic compounds defined in accordance with
40 CFR
761.3.
"Postclosure plan" means the plan for postclosure care
prepared in accordance with chapter 14 or chapter 15 of this division.
"POTW" see "Publicly owned treatment works."
For the purposes of chapters 14 and 15, "Pressure release"
means the emission of materials resulting from the system pressure being
greater than the set pressure of the pressure relief device.
"Primary Exporter" means any person who is required to
originate the manifest for a shipment of hazardous waste in accordance with
article 2 of chapter 12 of this division, which specifies a treatment, storage
or disposal facility in a receiving country as the facility to which the
hazardous waste will be sent and any intermediary arranging for the
export.
For the purposes of chapters 14 and 15, "Process heater"
means a device that transfers heat liberated by burning fuel to fluids
contained in tubes, including all fluids except water that are heated to
produce steam.
For the purposes of chapters 14 and 15, "Process vent"
means any open-ended pipe or stack that is vented to the atmosphere either
directly, through a vacuum-producing system, or through a tank (e.g.,
distillate receiver, condenser, bottoms receiver, surge control tank, separator
tank, or hot well) associated with hazardous waste distillation,
franctionation, thin-film evaporation, solvent extraction, or air or steam
stripping operations.
"Processing" means treatment.
"Producer" see "Generator."
"Property Damage" means
(a) an injury to property which deprives its
owner of the benefit of the property by taking, withholding, deteriorating or
destroying it.
(b) For the purposes
of chapter 13, "property damage" means damage to or loss of tangible
property.
"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 a
"State" or "municipality" (as defined by
33 U.S.C. section
1362). This definition includes sewers, pipes
or other conveyances only if they convey wastewater to a POTW providing
treatment.
"PV cell" see "photovoltaic cell."
"PV module" see "photovoltaic module."
"PV system" see "photovoltaic system."
"R chart" (Range chart) means a control chart for
evaluating the variability within a process in terms of the subgroup range
R.
"RCRA Characteristic" means the characteristic of
ignitability, corrosivity, reactivity, or toxicity identified in sections
66261.21,
66261.22(a)(1),
66261.22(a)(2),
66261.23, and
66261.24(a)(1) of
this division.
"RCRA Characteristic Hazardous Waste" or "RCRA
Characteristic Waste" means a hazardous waste that exhibits any of the RCRA
characteristics.
"RCRA hazardous waste" means all waste identified as a
hazardous waste in Part 261 (commencing with section 261.1) of subchapter I of
chapter 1 of Title 40 of the Code of Federal Regulations and appendices
thereto.
"RCRA Hazardous Waste Facility Permit" or "RCRA Permit"
means any hazardous waste facility permit for a facility which would be
required to have a permit under
42 U.S.C. section
6925, if California's hazardous waste program
were not authorized pursuant to
42 U.S.C. section
6926.
"RCRA Permit" See "RCRA Hazardous Waste Facility
Permit"
"Reactive" means having properties of explosivity or of
chemical activity which can be a hazard to human health or the
environment.
"Receiving country" means a foreign country to which a
hazardous waste is sent for the purpose of treatment, storage or disposal
(except short-term storage incidental to transportation).
"Reclaimed" means that a material is processed to recover a
usable product, or that it is regenerated. Examples are recovery of lead values
from spent batteries and regeneration of spent solvents.
"Recognized trader" means a person domiciled in the United
States, by site of business, who acts to arrange and facilitate transboundary
movements of wastes destined for recovery or disposal operations, either by
purchasing from and subsequently selling to United States and foreign
facilities, or by acting under arrangements with a United States waste facility
to arrange for the export or import of the wastes.
"Recyclable material" means a hazardous waste that is
capable of being recycled, including, but not limited to, any of the
following:
(a) a residue;
(b) a spent material, including, but not
limited to, a used or spent stripping or plating solution or etchant;
(c) a material that is contaminated to such
an extent that it can no longer be used for the purpose for which it was
originally purchased or manufactured;
(e) any
retrograde material that has not been
used, distributed or
reclaimed through
treatment by the original manufacturer
or
owner by the later of the following dates:
(1) one year after the date when the material
became a retrograde material;
(2)
if the material has been returned to the original manufacturer, one year after
the material is returned to the original manufacturer.
"Recycled material" means a material which is used or
reused or reclaimed.
"Regional Administrator" or "USEPA Regional Administrator"
means the Regional Administrator for the EPA Region in which the facility is
located, or that person's designee.
"Registered hazardous waste transporter" means a
transporter registered with the Department to transport hazardous
wastes.
"Regulated Unit" means:
(a) a permitted
hazardous waste facility,
which operates or operated:
(1) any surface
impoundment, waste pile, land treatment unit or landfill that receives or has
received hazardous waste after July 26, 1982; or
(2) any
surface impoundment,
waste pile, land
treatment unit, or
landfill that ceased receiving
hazardous waste by July 26,
1982 which is required to comply with the requirements of article 6 of chapter
14 of this division pursuant to section
66264.90(a);
(b) an
interim status hazardous waste
facility which operates or operated:
(1) any
surface impoundment, waste pile, land treatment unit, or landfill that receives
or has received hazardous waste after November 19, 1980; or
(2) any
surface impoundment,
waste pile, land
treatment unit, or
landfill that ceased receiving
hazardous waste by November
19, 1980 which is required to comply with the requirements of article 6 of
chapter 15 of this division pursuant to section
66265.90(a).
"Release" means:
(a) Any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
disposing into the environment.
(b)
"Release" does not include any of the following:
(1) Any release which results in exposure to
persons solely within a workplace, with respect to a claim such exposed persons
may assert against their employer.
(2) Emissions from the engine exhaust of a
motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station
engine.
(3) Release of source,
byproduct, or special nuclear material from a nuclear incident, as those terms
are defined in the Atomic Energy Act of 1954 (42 U.S.C.
2011, et
seq.), if such release is subject to requirements with respect to financial
protection established by the Nuclear Regulatory
Commission under
section
2210 of Title 42 of the
United States Code
or, for the purposes of section 104 of the federal act (42 U.S.C.
9604) or any other response action, any
release of source byproduct, or special nuclear material from any processing
site designated under section
7912(a)(1) or
7942(a) of Title 42 of the
United
States Code, which sections are a part of the Uranium Mill Tailings Radiation
Control Act of 1978.
(d)
The normal application of fertilizer, plant growth regulants and pesticides.
For the purposes of chapters 14 and 15, "Repaired" means
that equipment is adjusted, or otherwise altered, to eliminate a leak.
For the purposes of chapter 19, "Remedial action" has the
same meaning as in Health and Safety Code section
78125.
"Remediation waste" means all solid and hazardous wastes,
hazardous substances, and all media (including groundwater, surface water,
soils, and sediments) and debris, that are managed for the purpose of
implementing corrective action requirements under articles 6, 15.5, or 17 of
chapter 14 or article 18 of chapter 15 of this division, Health and Safety Code
sections
25200.10
or
25187,
or section
25358.9
where as provided for under the provisions of that section the Department has
excluded the removal or remedial action at a site from the hazardous waste
facilities permit required by Health and Safety Code section
25201,
or federal RCRA section 3005 [Title 42, U.S.C., section 6925] .
For a given facility, remediation wastes may originate only from within the
facility boundary, but may include waste managed in implementing Health and
Safety Code Sections
25200.10
or
25187,
or section
25358.9
where as provided for under the provisions of that section the Department has
excluded the removal or remedial action at a site from the hazardous waste
facilities permit required by Health and Safety Code section
25201,
or federal RCRA section 3005 [Title 42, U.S.C., section 6925] or
3004(v) [Title 42, U.S.C.,
section 6924(v)] for
releases beyond the facility boundary.
For the purposes of chapter 19, "Removal action" has the
same meaning as in Health and Safety Code section
78135.
"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 transfer, 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 approved corrective action.
"Representative sample" means a sample of a universe or
whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit
the average properties of the universe or whole.
"Residuals Repository" means a hazardous waste facility or
part of a facility that is permitted to accept for land disposal only
non-liquid, treated hazardous waste (as defined in Section
25179.3(1),
Health and Safety Code). Non-liquid means non-liquid and containing less than
50 percent moisture by weight as determined in accordance with Section
66265.317 of this Division.
"Resource recovery facility" means an authorized offsite
hazardous waste facility whose principal method of hazardous waste management
is the recycling of recyclable material pursuant to Health and Safety Code
section
25201(a).
"Restricted hazardous waste" means any hazardous waste
which is subject to land disposal restriction pursuant to Health and Safety
Code section
25179.6
or chapter 18 of this division.
"Retrograde material" means any hazardous material which is
not to be used, sold or distributed for use in an originally intended or
prescribed manner or for an originally intended or prescribed purpose and which
meets any one or more of the following criteria:
(a)
(1) has
undergone chemical, biochemical, physical or other changes due to the passage
of time or the environmental conditions under which it was stored;
(2) has exceeded a specified or recommended
shelf life;
(3) is banned by law,
regulation, ordinance or decree;
(4) cannot be used for reasons of economics,
health or safety or environmental hazard.
(b) "
Retrograde material" does not include
material listed in section
66261.33 if either of the
following conditions is met:
(1) the material
is used in a manner constituting disposal and the material is not normally used
in a manner constituting disposal;
(2) the material is burned for energy
recovery and the material is not normally burned for energy
recovery.
"Run-off" means any rainwater, leachate or other liquid
that drains over land from any part of a facility.
"Run-on" means any rainwater, leachate or other liquid that
drains over land onto any part of a facility.
"Safety device" means a closure device such as a pressure
relief valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent deformation to a
unit or its air emission control equipment by venting gases or vapors directly
to the atmosphere during unsafe conditions resulting from an unplanned,
accidental, or emergency event. For the purpose of chapters 14 and 15, a safety
device is not used for routine venting of gases or vapors from the vapor
headspace underneath a cover such as during filling of the unit or to adjust
the pressure in this vapor headspace in response to normal daily diurnal
ambient temperature fluctuations. A safety device is designed to remain in a
closed position during normal operations and open only when the internal
pressure, or another relevant parameter, exceeds the device threshold setting
applicable to the air emission control equipment as determined by the owner or
operator based on manufacturer recommendations, applicable regulations, fire
protection and prevention codes, standard engineering codes and practices, or
other requirements for the safe handling of flammable, ignitable, explosive,
reactive, or hazardous materials.
For the purposes of chapters 14 and 15, "Sampling
connection system" means an assembly of equipment within a process or waste
management unit used during periods of representative operation to take samples
of the process or waste fluid. Equipment used to take non-routine grab samples
is not considered a sampling connection system.
"Saturated zone" or "zone of saturation" means that part of
the earth's crust in which all voids are filled with water.
"Schedule of compliance" means a schedule of remedial
measures included in a permit or order, including an enforceable sequence of
interim requirements (for example, actions, operations or milestone events)
leading to compliance with applicable law.
"Scrap metal" means
(a) any one or more of the following, except
as provided in subsection (b) of this section:
(1) manufactured, solid metal objects and
products;
(2) metal workings,
including cuttings, trimmings, stampings, grindings, shavings and
sandings;
(3) solid metal residues
of metal production; or
(4) printed
circuit boards that are recycled [except for printed circuit boards referenced
in subsec. (b)(7) of this section].
(b) "Scrap metal" excludes all of the
following:
(1) lead-acid storage batteries,
waste elemental mercury, and water-reactive metals such as sodium, potassium
and lithium;
(2) magnesium borings,
trimmings, grindings, shavings and sandings and any other forms capable of
producing independent combustion;
(3) beryllium borings, trimmings, grindings,
shavings, sandings and any other forms capable of producing adverse health
effects or environmental harm in the opinion of the Department;
(4) any metal contaminated with a hazardous
waste, such that the contaminated metal exhibits any characteristic of a
hazardous waste under article 3 of chapter 11 of this division;
(5) any metal contaminated with an oil that
is a hazardous waste and that is free-flowing;
(6) sludges, fine powders, semi-solids and
liquid solutions that are hazardous wastes; and
(7) any printed circuit board that has been
removed from a
universal waste electronic device or PV module by a
universal
waste handler as a result of the
handler's conduct of activities authorized by
sections
66273.71,
66273.72, and/or 66273.73 of
chapter 23 of this division and is subject to
management as a
hazardous waste
pursuant to sections
66273.71,
66273.72 and/or
66273.73.
"Semitrailer" means a vehicle designed for carrying
persons, property or waste, used in conjunction with a motor vehicle, and so
constructed that some part of its weight and that of its load rests upon, or is
carried by, another vehicle.
For the purposes of chapters 14 and 15, "Sensor" means a
device that measures a physical quantity or that change in a physical quantity,
such as temperature, pressure, flow rate, pH, or liquid level.
For the purposes of chapters 14 and 15, "Separator tank"
means a device used for separation of two immiscible liquids.
"Single-seal system" means a floating roof having one
continuous seal. This seal may be vapor-mounted, liquid-mounted, or a metallic
shoe seal.
"Site" means the land or water area where any facility or
activity is physically located or conducted, including adjacent land used in
connection with the facility or activity.
"Sludge" means any solid, semi-solid or liquid waste
generated from a municipal, commercial or industrial wastewater treatment
plant, water supply treatment plant or air pollution control facility exclusive
of the treated effluent from a wastewater treatment plant.
"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.
"Small quantity commercial source" means a business which
generates less than 100 kilograms of household waste, as defined in paragraph
(1) of subdivision (b) of section 261.4 of 40 Code of Federal Regulations, or
which meets the criteria for very small quantity generators specified in
section 262.14 of 40 Code of Federal Regulations, or, if the hazardous waste is
perchlorethylene, a business which generates less than 50 kilograms of
hazardous waste per month and meets the criteria set forth in section 261.4 or
262.14 of 40 Code of Federal Regulations.
"Small quantity generator" means a generator who generates
the following amounts in a calendar month:
(1) Less than 1,000 kilograms (2,200 lbs) of
non-acute hazardous waste; and
(2)
Less than or equal to 1 kilogram (2.2 lbs) of
acute hazardous waste listed in
section
66261.31 or section
66261.33(e) of
this division; and
(3) Less than or
equal to 1 kilogram (2.2 lbs) of extremely hazardous waste.
"Smart display" means a device, intended for stationary
use, with a built-in speaker and a video display screen measuring at least 4
inches when measured diagonally, that offers voice activated, integrated
virtual assistance to the user and interactive connections with other
devices.
"Soil" means unconsolidated earth material composing the
superficial geologic strata (material overlying bedrock), consisting of clay,
silt, sand, or gravel size particles as classified by the U.S. Natural
Resources Conservation Service, or a mixture of such materials with liquids,
sludges or solids which is inseparable by simple mechanical removal processes
and is made up primarily of soil by volume based on visual inspection. Any
deliberate mixing of prohibited hazardous waste with soil that changes its
treatment classification (i.e., from waste to contaminated soil) is not allowed
under the dilution prohibition in section
66268.3 of this division.
"Soil-pore liquid" means the liquid contained in openings
between particles of soil in the unsaturated zone.
"Solar cell" see "photovoltaic cell."
"Solar panel" see "photovoltaic module."
"Solar system" see "photovoltaic system."
"Solid Waste Management Unit" means any unit at a hazardous
waste facility from which hazardous constituents might migrate, irrespective of
whether the units were intended for the management of wastes, including but not
limited to: containers, tanks, surface impoundments, waste piles, land
treatment units, landfills, incinerators and underground injection
wells.
"Soluble threshold limit concentration" or "STLC" means the
concentration of a solubilized and extractable bioaccumulative or persistent
toxic substance which, if equaled or exceeded in a waste or waste extract
determined pursuant to Appendix II of chapter 11 of this division renders the
waste hazardous.
"Sorb" means to either adsorb or absorb, or both.
"Sorbent" means a material that is used to soak up free
liquids by either adsorption or absorption, or both. See also "Sorb".
"Special waste" means a waste which is a hazardous waste
only because it contains an inorganic substance or substances which cause it to
pose a chronic toxicity hazard to human health or the environment and which
meets all of the criteria and requirements of section
66261.122 and has been classified
a special waste pursuant to section
66261.124.
"Spent material" is any material that has been used and as
a result of contamination can no longer serve the purpose for which it was
produced without processing.
For the purposes of chapters 14 and 15, "Start-up" means
the setting in operation of a hazardous waste management unit or control device
for any purpose.
"State/EPA Agreement" means an agreement between the
Regional Administrator and the Department which coordinates EPA and State
activities, responsibilities and programs.
"Steam stripping operation" means a distillation operation
in which vaporization of the volatile constituents of a liquid mixture takes
place by the introduction of steam directly into the charge.
"STLC" see "Soluble threshold limiting
concentration."
"Storage" means the holding of hazardous waste for a
temporary period, at the end of which the hazardous waste is treated, disposed
of or stored elsewhere.
"Sudden accidental occurrence" means an unforeseen and
unexpected accident which is not continuous or repeated in nature and results
in bodily injury, property damage or environmental degradation.
For the purposes of chapter 19, "Substantial" means there
is a reasonable cause for concern that the public or the environment would be
exposed to a risk of harm.
"Substantial business relationship" means the extent of a
business relationship necessary under applicable State 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 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.
"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.
"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.
"Surge control tank" means a pipe or storage reservoir
sufficient in capacity to contain the surging liquid discharge of the process
tank to which it is connected.
"Surplus material" means an unused raw material or
commercial product obtained by a person who intended to use or sell it, but who
no longer needs it, and who transfers ownership of it to another person for use
in a manner for which the material or product is commonly used. Surplus
material is excess material. Surplus material is neither of the
following:
(a) a retrograde material
as defined in this section;
(b) a
recyclable material as defined in this section.
"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.
"Tank" means a stationary device, designed to contain an
accumulation of hazardous waste which is constructed primarily of nonearthen
materials (e.g., wood, concrete, steel, plastic) which provide structural
support.
"Tank system" means a hazardous waste transfer, storage or
treatment tank and its associated ancillary equipment and containment
system.
"Temporary household hazardous waste collection facility"
or "THHWCF" means a facility operated by a public agency which:
(a) is operated in accordance with section
66270.1(c)(1)(F);
(b) is operated at the same location no more
than 12 times per calendar year and no more than once in any calendar month at
the same location; and
(c)
terminates operation within two days of commencing each session.
"Terminate" means to accept the last delivery of
waste.
"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. (See also
"incinerator" and "open burning.")
"The State" means the State of California.
"Thin-film evaporation operation" means a distillation
operation that employs a heating surface consisting of a large diameter tube
that may be either straight or tapered, horizontal or vertical. Liquid is
spread on the tube wall by a rotating assembly of blades that maintain a close
clearance from the wall or actually ride on the film of liquid on the
wall.
"Total threshold limit concentration" or "TTLC" means the
concentration of a solubilized, extractable and nonextractable bioaccumulative
or persistent toxic substance which, if equaled or exceeded in a waste, renders
the waste hazardous.
"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.
"Toxic waste" means a hazardous waste designated as a toxic
waste by the USEPA Administrator pursuant to
40 CFR section
261.11.
"Trailer" means a vehicle designed for carrying persons,
property or waste on its own structure and for being drawn by a motor vehicle
and so constructed that no part of its weight rests upon any other
vehicle.
"Transfer" means the loading, unloading, pumping or
packaging of hazardous waste. Transfer does not include loading, unloading,
pumping or packaging of hazardous waste on the site where the hazardous waste
was generated.
"Transfer facility" or "transfer station" means any
transportation related facility including loading docks, parking areas, storage
areas and other similar areas where shipments of hazardous waste are held
and/or transferred during the normal course of transportation.
"Transfer station" see "Transfer facility."
"Transit country" means any foreign country, other than a
receiving country, through which a hazardous waste is transported.
"Transport vehicle" means a motor vehicle or rail car used
for the transportation of cargo by any mode. Each cargo-carrying body (trailer,
railroad freight car, etc.) is a separate transport vehicle.
"Transportable Treatment Unit" means any mobile equipment
which performs a "treatment" as defined in this section and which is
transported onto a facility to perform treatment and which is not permanently
stationed at a single facility.
"Transportation" means the movement of hazardous waste by
air, rail, highway or water.
"Transporter" means a person engaged in the offsite
transportation of hazardous waste by air, rail, highway or water.
"Treatability study" means either of the following, but
does not include the commercial treatment or disposal of hazardous
waste:
(a) The application of a
treatment process to a
representative sample of
hazardous waste to determine
any of the following:
(1) Whether the
hazardous waste can be effectively treated by the treatment process employed in
the treatability study.
(2) What
pretreatment, if any, is required.
(3) The optimal conditions and processing
techniques required to achieve the desired treatment.
(4) The efficiency of a treatment process for
a specific hazardous waste or wastes.
(5) The characteristics and volumes of
residual from a particular treatment process.
(b) Liner compatibility, corrosion, or other
material compatibility studies.
"Treatability study sample" means a small quantity of
hazardous waste, of no more than 400 kilograms (kg), which will be subject to a
treatability study.
"Treatment" means any method, technique, or process which
changes or is designed to change the physical, chemical, or biological
character or composition of any hazardous waste or any material contained
therein, or removes or reduces its harmful properties or characteristics for
any purpose including, but not limited to, energy recovery, material recovery
or reduction in volume.
"Treatment zone" means a soil area of the unsaturated zone
of a land treatment unit within which hazardous constituents and constituents
of concern are degraded, transformed or immobilized. A treatment zone may not
extend more than five feet below the initial surface and the base of the
treatment zone shall be a minimum of five feet above the highest anticipated
elevation of underlying groundwater.
"Truck" means a motor vehicle, excluding truck tractor,
designed, used or maintained primarily for the transportation of property or
waste.
"TTLC" see "Total threshold limiting concentration."
"Underground injection" means the subsurface emplacement of
fluids through a bored, drilled or driven well; or through a dug well, where
the depth of the dug well is greater than the largest surface dimension. (See
also "injection well.")
"Underground source of drinking water" or "USDW" means an
aquifer or its portion:
(a)
(1) which supplies any public water system;
or
(2) which contains a sufficient
quantity of ground water to supply a public water system; and
(A) currently supplies drinking water for
human consumption; or
(B) contains
fewer than 10,000 mg/l total dissolved solids; and
(b) which is not an exempted
aquifer.
"Underground tank" means a device meeting the definition of
"tank" in this section which is substantially or totally beneath the surface of
the ground.
"Underlying hazardous constituent" means any constituent
listed in section
66268.48, Table UTS--Universal
Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc,
which can reasonably be expected to be present at the point of generation of
the hazardous waste at a concentration above the constituent-specific UTS
treatment standards.
"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 transferring, storing or treating hazardous waste without
posing a threat of release of hazardous waste to the environment.
"Unit" means a tank, a container, or a combination of tanks
or tank systems and/or containers located together that are used in sequence to
treat or accumulate one or more compatible hazardous wastestreams. The devices
are either plumbed together or otherwise linked so as to form one system. This
definition only applies to Conditional Exemption, Conditional Authorization,
and Permit By Rule operations.
"Universal waste" means any of the wastes that are listed
in section
66261.9.
"Unsaturated zone," "Vadose zone," or "zone of aeration"
means the zone between the land surface and the water table.
"United States" means the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa and the commonwealth of the Northern Mariana Islands.
"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.
"Used oil 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.
"Used or reused" means that a material is either:
(a) 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
(b) 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).
"USEPA Administrator" or "Administrator" means the
Administrator of the federal Environmental Protection Agency, or the
Administrator's designee.
"USEPA Regional Administrator" see "Regional
Administrator."
"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:
(a) Is required to
use a
manifest to comply with:
(1) 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
(2) 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
(b) Elects to use the
system to obtain, complete and transmit an electronic manifest format supplied
by the U.S. EPA electronic manifest system, or
(c) 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 40 Code of Federal
Regulations sections 264.71(a)(2)(v) or 265.71(a)(2)(v). These paper copies are
submitted for data exchange purposes only and are not the official copies of
record for legal purposes.
"Vacuum tank" means a cargo tank which has the capability
of being subjected to a vacuum or a pressure for purposes of loading and
unloading its contents.
"Vadose zone" see "Unsaturated zone."
"Vapor incinerator" means any enclosed combustion device
that is used for destroying organic compounds and does not extract energy in
the form of steam or process heat.
"Vapor-mounted seal" means a continuous seal that is
mounted such that there is a vapor space between the hazardous waste in the
unit and the bottom of the seal.
"Variance" means a deviation from a provision of this
division and chapter 6.5 of the Health and Safety Code authorized pursuant to
section 66260.210 or Health and Safety
Code section
25143.
"Vehicle" means a device by which any person or property,
including waste, may be propelled, moved or drawn, excepting a device moved
exclusively by human power. "Vehicle" also means a device by which any person
or property, including waste, may be propelled, moved or drawn upon a highway,
excepting a device moved exclusively by human power or used exclusively upon
stationary rails or tracks.
"Vented" means discharged through an opening, typically an
open-ended pipe or stack, allowing the passage of a stream of liquids, gases,
or fumes into the atmosphere. The passage of liquids, gases, or fumes is caused
by mechanical means such as compressors or vacuum-producing systems or by
process-related means such as evaporation produced by heating and not caused by
tank loading and unloading (working losses) or by natural means such as diurnal
temperature changes.
"Very small quantity generator" means a generator who
generates less than or equal to the following amounts in a calendar
month:
(1) 100 kilograms (220 lbs) of
non-acute hazardous waste; and
(2)
1 kilogram (2.2 lbs) of
acute hazardous waste listed in section
66261.31 or section
66261.33(e) of
this division; and
"Vessel" includes every description of watercraft, used or
capable of being used as a means of transportation on the water.
"Volatile organic compound" means a compound which is a
volatile organic compound according to Method No. 8240 in the Environmental
Protection Agency Document No. Sw 846 (1982) or any equivalent, alternative
method acceptable to the Department.
"Volatile organic concentration" or "VO concentration"
means the fraction by weight of the volatile organic compounds contained in a
hazardous waste expressed in terms of parts per million (ppmw) as determined by
direct measurement or by knowledge of the waste in accordance with the
requirements of section
66265.1084. For the purpose of
determining the VO concentration of a hazardous waste, organic compounds with a
Henry's law constant value of at least 0.1
mole-fraction-in-the-gas-phase/mole-fraction-in the liquid-phase (0.1 Y/X)
(which can also be expressed as 1.8 x 10-6
atmospheres/gram-mole/m3) at 25 degrees Celsius must
be included. Appendix VI of chapter 15, article 30 presents a list of compounds
known to have a Henry's law constant value less than the cutoff level.
"Waste" means waste as defined in section
66261.2.
"Waste constituent" means a constituent that is reasonably
expected to be in or derived from waste contained in a regulated unit.
"Waste determination" means performing all applicable
procedures in accordance with the requirements of section
66265.1084 to determine whether a
hazardous waste meets standards specified in chapters 14 and 15. Examples of a
waste determination include performing the procedures in accordance with the
requirements of section
66265.1084 to determine the
average VO concentration of a hazardous waste at the point of waste
origination; the average VO concentration of a hazardous waste at the point of
waste treatment and comparing the results to the exit concentration limit
specified for the process used to treat the hazardous waste; the organic
reduction efficiency and the organic biodegradation efficiency for a biological
process used to treat a hazardous waste and comparing the results to the
applicable standards; or the maximum volatile organic vapor pressure for a
hazardous waste in a tank and comparing the results to the applicable
standards.
"Waste pile" see "Pile."
"Waste stabilization process" means any physical or
chemical process used to either reduce the mobility of hazardous constituents
in a hazardous waste or eliminate free liquids as determined by Test Method
9095 (Paint Filter Liquids Test) in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992 (incorporated by
reference-refer to section
66260.11). A waste stabilization
process includes mixing the hazardous waste with binders or other materials,
and curing the resulting hazardous waste and binder mixture. Other synonymous
terms used to refer to this process are "waste fixation" or "waste
solidification." This does not include the adding of absorbent materials to the
surface of a waste, without mixing, agitation, or subsequent curing, to absorb
free liquid.
"Wastewaters" means, for the purposes of chapter 18 of this
division, wastes that contain less than one percent by weight total organic
carbon (TOC) and less than one percent by weight total suspended solids
(TSS).
"Wastewater treatment unit" means a device which:
(a) is part of a wastewater
treatment
facility which is subject to regulation under either section 402 (33 U.S.C. section
1317) or 307(b) (33 U.S.C. section
1342) of the Federal Clean Water Act;
and
(b) receives and treats or
stores an influent wastewater which is a hazardous waste as defined in chapter
11 of this division, or that generates and accumulates a wastewater treatment
sludge which is a hazardous waste as defined in chapter 11 of this division, or
treats or stores a waste-water treatment sludge which is a hazardous waste as
defined in chapter 11 of this division; and
(c) meets the definition of tank or tank
system in this section.
"Water (bulk shipment)" means the bulk transportation of
hazardous waste which is loaded or carried on board a vessel without containers
or labels.
"Water reactive" means having properties of, when contacted
by water, reacting violently, generating extreme heat, burning, exploding or
rapidly reacting to produce an ignitable, toxic or corrosive mist, vapor or
gas.
"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.
"Well injection": (See "underground injection.")
"X-bar chart" means a control chart for evaluating the
process level or subgroup differences in terms of the subgroup average.
"Zone of aeration" see "Unsaturated zone."
"Zone of engineering control" means an area under the
control of the owner or 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 ground water or surface water.
"Zone of saturation" see "Saturated
zone."
