For the purpose of this title, the following terms shall have
the meaning indicated in this chapter. The definitions set out in Iowa Code
section 455B.301 shall be considered to
be incorporated verbatim in these rules.
"Airport" means public-use airport open to
the public without prior permission and without restrictions within the
physical capacities of available facilities.
"Annular space" means the open space formed
between the borehole and the well casing.
"Aquifer" means a saturated geologic
formation or combination of formations which has appreciably greater ability to
transmit water than do adjacent formations. Typically, an aquifer is capable of
yielding usable quantities of water to a well.
"Areas susceptible to mass movement" means
those areas of influence (i.e., areas characterized as having an active or
substantial possibility of mass movement) where the movement of earth material
at, beneath, or adjacent to the MSWLF site, because of natural or man-induced
events, results in the down slope transport of soil and rock material by means
of gravitational influence. Areas of mass movement include, but are not limited
to, landslides, avalanches, debris slides and flows, soil function, block
sliding, and rockfall.
"Attendant" means an employee of a sanitary
disposal project who is not employed or assigned to operate the equipment used
on the site.
"Bird hazard" means an increase in the
likelihood of bird/aircraft collisions that may cause damage to the aircraft or
injury to its occupants.
"Cathode ray tube" or "CRT"
means a vacuum tube composed primarily of leaded glass which is the visual or
video display component of an electronic device. An intact CRT means a CRT
whose vacuum has not been released. A broken CRT means glass removed from its
housing or casing whose vacuum has been released.
"CFR" means Code of Federal
Regulations.
"Commission" means the environmental
protection commission.
"Compost" means organic material resulting
from biological decomposition of waste which can be used as a soil conditioner
or soil amendment.
"Composting" means the controlled,
biological decomposition of selected solid organic waste materials under
aerobic conditions resulting in an innocuous final product.
"Comprehensive plan" means a course of
action developed and established cooperatively between cities, counties and
municipal solid waste sanitary disposal projects regarding their chosen
integrated solid waste management system, its participants, waste reduction
strategies, and disposal methods.
"Comprehensive plan amendment" means a
notification, filed between comprehensive plan updates, that the planning
agency seeks to change the participation or change the designated disposal
project(s) as set out in the most recent approved comprehensive plan
submittal.
"Comprehensive plan update" means a planning
document that provides status reports on the integrated solid waste management
system and that describes revision to the information and evaluation of the
integrated solid waste management system and the proposed course of action for
the next planning cycle.
"Confined aquifer" means an aquifer with a
confining bed above and below. Water in a confined aquifer is under pressure
such that water rises above the top of the aquifer in a well which penetrates
the aquifer.
"Confining bed" means a geologic formation
exhibiting relatively low ability to transmit water compared to adjacent
formations. Confining beds are typically not capable of yielding usable
quantities of water to a well.
"Construction and demolition waste" means
waste building materials including wood, metals and rubble which result from
construction or demolition of structures. Such waste shall also include
trees.
"Construction and demolition waste disposal
site" means a sanitary landfill which accepts only construction and
demolition wastes.
"Consumer price index" means the measure of
the average change over time in the prices paid by urban consumers for a market
basket of consumer goods and services. For the purpose of this title,
consumer price index refers to All Urban Consumers (CPI-U),
All Items, as published by the U. S. Bureau of Labor Statistics.
"Contaminated animal carcasses" means waste
including carcasses, body parts and bedding of animals that were exposed to
infectious agents during research, production of biologicals, or testing of
pharmaceuticals.
"Contaminated sharps" means all discarded
sharp items derived from patient care in medical, research, or industrial
facilities including glass vials containing materials defined as infectious,
suture needles, hypodermic needles, scalpel blades, and Pasteur
pipettes.
"Contaminated soil" means soil that contains
any harmful constituent in a concentration that may harm human health.
"CRT collection" means any activity by a CRT
recycling facility or CRT collection facility involving the collection of
discarded CRTs that is not a short-term CRT collection event.
"CRT collection facility" means a property
where ongoing CRT collection is the only CRT recycling activity
performed.
"CRT glass" means any glass generated from
CRTs.
"CRT recycling" means any process by which
discarded CRTs that would otherwise become waste are collected, processed and
returned to use in the form of raw materials or products. CRT recycling
includes but is not limited to receiving broken or intact CRTs, intentionally
breaking intact CRTs or further breaking or separating broken CRTs, and sorting
or otherwise managing glass removed from CRT monitors.
"CRT recycling facility" means a property
where CRT recycling takes place. A CRT recycling facility may also collect
CRTs.
"Cultures and stocks of infectious agents"
means specimen cultures collected from medical and pathological laboratories,
cultures and stocks of infectious agents from research and industrial
laboratories, wastes from the production of biological agents, discarded live
and attenuated vaccines, and culture dishes and devices used to transfer,
inoculate or mix cultures.
"Department" means the Iowa department of
natural resources.
"Discarded" means no longer to be used for
the original intended purpose and means the letting go or throwing away of
materials that have become useless or superfluous though often not
intrinsically valueless. CRTs that are returned to the original owner are not
"discarded."
"Displacement" means the relative movement
of any two sides of a fault measured in any direction.
"Downgradient" means direction of decreasing
hydraulic head.
"Downgradient well" means a well which has
been installed downgradient of the site and is capable of detecting the
migration of contaminants from the site.
"FAA certified airport" means an airport
serving air carriers certified by the Civil Aeronautics Board that has been
issued an airport operating certificate from the Administrator of the Federal
Aviation Administration pursuant to Section 612 of the Federal Aviation Act,
49 U.S.C. § 1432, and 49 CFR Part 139 . (NOTE: This
definition includes the municipal airports in or near Iowa as follows: Moline,
Illinois; Omaha, Nebraska; and Burlington, Cedar Rapids, Des Moines, Dubuque,
Fort Dodge, Mason City, Ottumwa, Sioux City, and Waterloo, Iowa.)
"Fault" means a fracture or a zone of
fractures in any material along which strata on one side have been displaced
with respect to that on the other side.
"Firewood processing facilities" means
facilities which process or allow the public to process trees into
firewood.
"Fiscal year" means the state fiscal year
from July 1 through June 30.
"Flood plain" means the area adjoining a
river or stream which has been or may be hereafter covered by flood
water.
"Free liquid" means the liquid produced when
a 100-milliliter or 100-gram representative sample is placed on a standard mesh
number 60 (fine mesh size) conical paint filter for five minutes. Method 9095
EPA SW 846.
"Garbage" means all solid and semisolid,
putrescible animal and vegetable wastes resulting from the handling, preparing,
cooking, storing, serving and consuming of food or of material intended for
use
as food, and all offal, excluding useful industrial
byproducts, and shall include all such substances from all public and private
establishments and from all residences.
"Geologic cross section" means a drawing of
a subsurface profile showing the various strata encountered based on at least
three soil borings.
"Groundwater flow path" means the route of
water (and contaminant) travel within the groundwater system.
"High water table" is the position of the
water table which occurs in the spring in years of normal or above normal
precipitation.
"Holocene" means the most recent epoch of
the Quaternary Period, extending from the end of the Pleistocene Epoch to the
present.
"Human blood and blood products" means human
serum, plasma, other blood components, bulk blood, or containerized blood in
quantities greater than 20 milliliters.
"Hydraulic head" means the energy contained
at a point in the groundwater system. Hydraulic head is measured as the
elevation to which water rises in a piezometer.
"Incineration" means the processing and
burning of waste for the purpose of volume and weight reduction in facilities
designed for such use.
"Incorporation" means to mix into the soil
by tilling, disking, or other suitable means, thereby creating a loose and
divided soil texture.
"Industrial process wastes" means waste that
is generated as a result of manufacturing activities, product processing or
commercial activities. It does not include office waste, cafeteria waste, or
other types that are not the direct result of production processes.
"Infectious" means containing pathogens with
sufficient virulence and quantity so that exposure to an infectious agent by a
susceptible host could result in an infectious disease when the infectious
agent is improperly treated, stored, transplanted, or disposed of.
"Infectious waste" means waste which is
infectious, including but not limited to contaminated sharps, cultures and
stocks of infectious agents, blood and blood products, pathological waste, and
contaminated animal carcasses from hospitals or research laboratories.
"Initial comprehensive plan" means a first
or new comprehensive plan filed with the department pursuant to the provisions
of Iowa Code section 455B.306.
"Integrated solid waste management" means
any solid waste management system which is focused on planned development of
programs and facilities that reduce waste volume and toxicity, recycle
marketable materials and provide for safe disposal of any residuals.
"Karst terranes" means areas where karst
topography, with its characteristic surface and subterranean features, is
developed as the result of dissolution of limestone, dolomite, or other soluble
rock. Characteristic physiographic features present in karst terranes include,
but are not limited to, sinkholes, sinking streams, caves, large springs, and
blind valleys.
"land application" means a method through
which sludge is applied to the ground surface. Land application may include
subsurface injection.
"landfarm" means the area of land used to
landfarm a single application of a particular source and type of PCS. Landfarms
are created when a permitted landfarm applicator, or party under the
applicator's supervision, applies PCS to the land. No other PCS may be applied
within 15 feet of the area of land used as a landfarm until the landfarm is
closed pursuant to rule
567-120.12 (455B).
"landfarm applicator" means an entity
permitted by the department to apply PCS to the land to create one or more
landfarms.
"landfarming" means a surface-level soil
remediation technology for petroleum contaminated soils that reduces
concentrations of petroleum constituents through biodegradation to a level safe
for human health and the environment. This technology usually involves
spreading excavated contaminated soils in a thin layer on the ground surface
and stimulating aerobic microbial activity within the soils through aeration.
The enhanced microbial activity results in degradation of adsorbed petroleum
product constituents through microbial respiration. Some petroleum product
constituents volatize during the landfarming process.
"Landfarm plot" means the specific operating
area of a landfarm upon which a particular source and type of PCS is
applied.
"Landfarm season" means the period of the
year when the ground is not frozen or snow-covered and runoff from these
situations is not expected to transport PCS beyond the landfarm area.
"Landfill property" means the entire area of
the landfill including the disposal site and any other contiguous property
proposed for actual landfill use.
"Land pollution" means the presence in or on
the land of any solid waste in such quantity, of such nature and for such
duration and under such condition as would affect injuriously any waters of the
state, cause air pollution or create a nuisance.
"Lithified earth material" means all rock,
including all naturally occurring and naturally formed aggregates or masses of
minerals or small particles of older rock that formed by crystallization of
magma or by induration of loose sediments. This term does not include man-made
materials, such as fill, concrete, and asphalt, or unconsolidated earth
materials, soil, or regolith lying at or near the earth surface.
"Local governments" means those counties or
municipalities using the sanitary disposal project.
"Lower explosive limit" means the lowest
percent by volume of a mixture of explosive gases in air that will propagate a
flame at 25° Celsius and atmospheric pressure.
"Maximum horizontal acceleration in lithified earth
material" means the maximum expected horizontal acceleration depicted
on a seismic hazard map, with a 90 percent or greater probability that the
acceleration will not be exceeded in 250 years, or the maximum expected
horizontal acceleration based on a site-specific seismic risk
assessment.
"Mean" is the sum of all the measurements
divided by the number of measurements.
"Monitoring well" means any well installed
solely for the sampling of groundwater quality at a given location and depth
and constructed in a manner approved by the department.
"Municipal solid waste landfill (MSWLF)"
means a discrete area of land or an excavation that receives household waste,
and that is not a land application site, surface impoundment, injection well,
or waste pile, as those terms are defined under 40 Code of Federal Regulations
Part 257.2. An MSWLF also may receive other types of RCRA subtitle D wastes,
such as commercial solid waste, nonhazardous dry sludge, and industrial solid
waste. An MSWLF may be publicly or privately owned. An MSWLF may be a new MSWLF
site, an existing MSWLF site, or a lateral expansion.
"Municipal solid waste sanitary disposal
project" means all facilities and appurtenances, including all real
and personal property connected with such facilities, which are acquired,
purchased, constructed, reconstructed, equipped, improved, extended,
maintained, or operated to facilitate the final disposition of household waste
without creating a significant hazard to the public health or safety. A
municipal solid waste sanitary disposal project also may receive other types of
Resource Conservation and Recovery Act (RCRA) Subtitle D wastes, such as
construction and demolition debris and commercial and industrial solid
waste.
"Nonstandard PCS" means soil contaminated
with a petroleum product other than gasoline, diesel fuel, kerosene, jet fuel,
motor oil, hydraulic fluid, or some combination thereof.
"Open burning" means any burning of
combustible materials where the products of combustion are emitted into the
open air without passing through a chimney or stack.
"Open dump" means any exposed accumulation
of solid waste at a site other than a sanitary disposal project operating under
a permit from the department.
"Open dumping" means the depositing of solid
wastes on the surface of the ground or into a body or stream of water.
"Operating area" means the immediate portion
of a sanitary disposal project used for unloading and handling of solid waste
to prepare it for processing or final disposal.
"Operator" means an employee of the sanitary
disposal project who is employed and assigned to operate the equipment used on
the site.
"Pathological waste" means human tissues and
body parts that are removed during surgery or autopsy.
"Perched saturated zone" is a localized
saturated zone occurring above the regional zone of saturation. The perched
saturated zone's presence is caused by a lens of relatively impermeable
material within the unsaturated zone that impedes the downward movement of
water toward the zone of saturation.
"Petroleum contaminated soil" or
"PCS" means soil contaminated with petroleum products
including, but not limited to, gasoline, diesel fuel, kerosene, jet fuel, motor
oil, hydraulic fluid, or some combination thereof.
"Piezometers" are devices used to measure
hydraulic head at a specific point in the groundwater system. Piezometers are
generally small diameter wells sealed along the entire length and open to water
only at the bottom through a short section of well screen, which is the point
where hydraulic head is measured. A piezometer may be constructed similar to a
monitoring well or may be a driven well point.
"Plan participants" means any individual,
group, government or private entity that has direct involvement in an
integrated solid waste management system.
"Planning agency" means the designated
contact agency on file with the department.
"Planning area" means the combined
jurisdiction of the local governments and the designated municipal solid waste
sanitary disposal project(s) involved in a comprehensive plan. A planning area
may include one or more municipal solid waste sanitary disposal
projects.
"Planning cycle" means the length of time
between the due date for each comprehensive plan update submittal as approved
by the department, which shall be five years effective March 1, 2011.
"Pollution control waste" means any solid
waste residue extracted by, or resulting from, the operation of pollution
control equipment.
"Poor foundation conditions" means those
areas where features exist which indicate that a natural or man-induced event
may result in inadequate foundation support for the structural components of an
MSWLF site.
"Potentiometric surface" is the imaginary
surface that represents the level to which water from an aquifer (confined or
unconfined) will rise in wells.
"Processing facility" means the site and
equipment for the preliminary and incomplete disposal of solid waste, including
but not limited to transfer, open burning, incomplete land disposal,
incineration, composting, reduction, shredding and compression.
"Public agency" is defined in Iowa Code
section 28E.2.
"Public water supply system" means a system
for the provision to the public of piped water for human consumption, if such
system has at least 15 service connections or regularly serves an average of at
least 25 individuals daily at least 60 days out of the year. Such term
includes:
(1) any collection,
treatment, storage, and distribution facilities under control of the supplier
of water and used primarily in connection with such system, and
(2) any collection (including wells) or
pretreatment storage facilities not under such control which are used primarily
in connection with such supply system. A
public water supply system is either a
"
community water system" or a "
noncommunity water system."
a.
"Community water system"
means a public water supply system which serves at least 15 service connections
used by year-round residents or regularly serves at least 25 year-round
residents.
b.
"Noncommunity
water system" means a
public water supply system that is not a
community water system.
"Recycling" means any process by which waste
or materials which otherwise become waste are collected, separated, or
processed and reused or returned to use in the form of raw materials or
products. Recycling includes, but is not limited to, the composting of yard
waste which has been previously separated from other waste and collected by the
sanitary facility, but does not include any form of energy recovery.
"Refuse" means putrescible and
nonputrescible wastes including but not limited to garbage, rubbish, ashes,
incinerator ash, incinerator residues, street cleanings, market and industrial
solid wastes and sewage treatment wastes in dry or semisolid form.
"Refuse collection service" means a publicly
or privately operated agency, business or service engaged in the collecting and
transporting of solid waste for disposal purposes.
"Rubbish" means nonputrescible solid waste
consisting of combustible and noncombustible wastes, such as ashes, paper,
cardboard, tin cans, yard clippings, wood, glass, bedding, crockery or litter
of any kind.
"Salvageable material" means discarded
material no longer of value for its original purpose but which has value if
reclaimed.
"Salvaging" means the systematic removal of
salvageable material in a formal and orderly manner as a part of the normal
operating procedure of a sanitary disposal project.
"Sanitary disposal" means a method of
treating solid waste so that it does not produce a hazard to the public health
or safety or create a nuisance.
"Sanitary disposal project" is defined in
Iowa Code section 455B.301.
"Sanitary landfill operator" means an
individual having active, daily, on-site responsibility for day-to-day
operation of a department-permitted sanitary landfill. This individual must
also have the authority to turn waste away at the gate when the waste is
considered unacceptable.
"Scavenging" means the uncontrolled removal
of materials from the unloading or working area of a sanitary disposal
project.
"Seismic impact zone" means an area with a
10 percent or greater probability that the maximum horizontal acceleration in
the lithified earth material, expressed as a percentage of the earth's
gravitational pull, will exceed 0.10g in 250 years.
"Service area" means an area served by a
specific municipal solid waste sanitary disposal project defined in terms of
the jurisdictions of the local governments using the facility. A planning area
may include more than one service area. This definition does not apply to
567-Chapter 111.
"Sewage sludge" is defined in 567-Chapter
67.
"Shelby tube" is a thin-walled, seamless
steel tube with a sharp cutting edge which is used to obtain undisturbed
samples of cohesive or moderately cohesive soils (silts and clays).
"Shoreland" means land within 300 feet of
the high water mark of any natural or artificial, publicly or privately owned
lake or any impoundment of water used as a source of public water
supply.
"Short-term CRT collection event" means any
temporary activity involving the collection of discarded CRTs for recycling
that is not on the premises of a CRT recycling facility or CRT collection
facility.
"Site" means any location, place or tract of
land used for collection, storage, conversion, utilization, incineration or
landfilling of solid waste, to include the landfill area, nonfill work areas,
borrow areas plus a 100-foot wide perimeter surrounding the working areas or
the property line if it is closer than 100 feet to the working areas.
"Sludge" means any solid, semisolid, or
liquid waste generated from a commercial or industrial wastewater treatment
plant, water supply treatment plant or air pollution control facility or any
other such waste having similar characteristics and effects.
"Soil boring" means a hole drilled or driven
into the subsurface for the purpose of determining subsurface
characteristics.
"Solid waste" has the same meaning as found
in Iowa Code section 455B.301. Pursuant to Iowa Code
section 455B.301(29)
"b," the commission has determined that solid waste includes
those wastes exempted from federal hazardous waste regulation pursuant to
40 CFR
261.4(b) as amended through
November 16, 2016, except to the extent that any such exempted substances are
liquid wastes or wastewater. This definition applies to all chapters within
Title VIII. To the extent that there is a conflict, this definition
controls.
"Solid waste collection" means the gathering
of solid waste from public and private places.
"Solid waste incinerator operator" means an
individual with active, daily, on-site responsibility for day-to-day operation
of a department-permitted solid waste incinerator. This individual must also
have the authority to turn waste away when it has been determined to be
unacceptable.
"Solid waste storage" means the holding of
solid waste pending intermediate or final disposal.
"Solid waste transportation" means the
conveying of solid waste from one place to another by means of vehicle, rail
car, water vessel, conveyor or other means.
"Source of PCS" means the contaminated area
from which the PCS originated. Examples of a source include, but are not
limited to, a specific gas station or spill location.
"Special wastes" means any industrial
process waste, pollution control waste, or toxic waste which presents a threat
to human health or the environment or a waste with inherent properties which
make the disposal of the waste in a sanitary landfill difficult to manage.
Special waste does not include domestic, office, commercial, medical, or
industrial waste that does not require special handling or limitations on its
disposal. Special waste does not include hazardous wastes which are regulated
under the federal Resource Conservation and Recovery Act (RCRA), hazardous
waste as defined in Iowa Code section
455B.411, subsection 3, or
hazardous wastes included in the list compiled in accordance with Iowa Code
section 455B.464.
"Specific yield" is the ratio of the volume
of water that a given mass of saturated rock or soil will yield by gravity to
the volume of that mass. This ratio is stated as a percentage.
"Split spoon sampler" means a device used in
conjunction with a drilling rig to obtain core samples from unconsolidated
strata.
"Stabilized sludge" means sludge that has
been processed to a point where it has the ability to resist further change,
produces minimal odor, and has achieved a substantial reduction in the
pathogenic organism content. (The department recognizes principles of
stabilization other than the conventional biological processes. Whether these
processes produce a stabilized sludge will be evaluated on an individual
basis.)
"Standard deviation" means the square root
of the variance.
"Standard PCS" means soil contaminated with
gasoline, diesel fuel, kerosene, jet fuel, motor oil, hydraulic fluid, or some
combination thereof.
"Storage coefficient" is the volume of water
an aquifer releases from or takes into storage per unit surface area of aquifer
per unit change in head.
"Structural components" means liners,
leachate collection systems, final covers, run-on/run-off systems, and any
other component used in the construction and operation of the MSWLF that is
necessary for protection of human health and the environment.
"Tar ball" means a ball or conglomeration of
tarlike petroleum constituents. Tar balls may form when PCS that contains a
high concentration of long-chain or high molecular weight hydrocarbons is
landfarmed.
"Toxic wastes" means materials containing
poisons, biocides, acids, caustics, pathological wastes, and similar harmful
wastes which may require special handling and disposal procedures to protect
the environment and the persons involved in the storage, transport and disposal
of the wastes.
"Transfer station" means a fixed or mobile
intermediate solid waste disposal facility for transferring loads of solid
waste, with or without reduction of volume, to another transportation
unit.
"Transmissivity" is the rate at which water
is transmitted through a unit width of an aquifer under a unit hydraulic
gradient.
"Tree chipping facilities" means facilities
which chip trees and brush for the purpose of mulch production.
"Trees" means trunks, limbs, stumps, or
branches from trees or shrubs and untreated, uncoated, chemically unchanged
wood wastes. This shall not include wood products which are part of an
otherwise defined waste or have been contaminated by coatings, treatments or
metals.
"Tremie tube" means a pipe used to fill the
annular space in a well from the bottom up.
"Type of PCS" means the specific petroleum
product or combination thereof that contaminated the soil. Examples of type
include, but are not limited to, gasoline, diesel fuel, kerosene, jet fuel,
motor oil, hydraulic fluid, or some combination thereof.
"Unconfined aquifer" means an aquifer which
does not have a confining bed above it. The level of water in a well in an
unconfined aquifer is below the top of the aquifer formation.
"Unsaturated zone" is the subsurface zone
above the water table in which the interstitial spaces are only partially
filled with water.
"Unstable area" means a location that is
susceptible to natural or human-induced events or forces capable of impairing
the integrity of some or all of the landfill structural components
responsible
for preventing releases from a landfill. Unstable areas can
include poor foundation conditions, areas susceptible to mass movements, and
karst terranes.
"Upgradient" means direction of increasing
hydraulic head.
"Upgradient well" means a well which is
capable of yielding groundwater samples that are representative of regional
conditions and are not affected by the landfill site. Such a well is typically
placed upgradient of the site, if possible, and, if not, is placed in an
upgradient direction and as near the site as feasible.
"Variance" means the sum of the squared
differences between the actual measurement and the mean divided by one less
than the number of measurements.
"Waste reduction" means practices which
reduce, avoid, or eliminate both the generation of solid waste and the use of
toxic materials so as to reduce risks to health and the environment and to
avoid, reduce or eliminate the generation of wastes or environmental pollution
at the source and not merely achieved by shifting a waste output or waste
stream from one environmental medium to another environmental medium. Waste
reduction includes, but is not limited to, home yard waste composting, which
prevents yard waste from entering the waste stream.
"Water table" means the water surface below
the ground at which the unsaturated zone ends and the saturated zone
begins.
"Yard waste" means debris such as grass
clippings, leaves, garden waste, brush and trees. Yard waste does not include
tree stumps.
"Zone of saturation" is the subsurface zone
below the water table in which the interstitial spaces are completely filled
with water.
This rule is intended to implement Iowa Code section
455B.304 and Iowa Code chapter
455D.
