The following words and terms, when used in this
article, have the following meanings, unless the context clearly indicates
otherwise:
ASTM-The American Society for Testing
and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103-1187.
Abatement-The restoration,
reclamation, recovery and the like of a natural resource adversely affected by
the activity of a person, permittee or municipality.
Abatement standards-Background, MCLs
and risk-based standards as those terms are defined under this article.
Access road-A roadway or course
providing access to a municipal waste processing or disposal facility, or areas
within the facility, from a road that is under Federal, Commonwealth or local
control.
Act-The Solid Waste Management Act
(35 P. S. §§
6018.101-6018.1003).
Adjacent area-Land located outside the
permit area, where air, surface water or groundwater, fish, wildlife,
vegetation or other resources protected by this article may be adversely
affected by municipal waste processing or disposal facilities.
Agricultural utilization-The land
application of sewage sludge for its plant nutrient value or as a soil
conditioner as part of an agricultural operation.
Agricultural waste-Poultry and
livestock manure, or residual materials in liquid or solid form generated in
the production and marketing of poultry, livestock, fur bearing animals, and
their products, if the agricultural waste is not hazardous. The term includes
the residual materials generated in producing, harvesting and marketing of
agronomic, horticultural and silvicultural crops or commodities grown on what
are usually recognized and accepted as farms, forests or other agricultural
lands.
Airport-Public airport, as defined in
67 Pa. Code §471.2 (relating to
definitions).
(i) -The term includes
military airports.
(ii) -The term
does not include heliports.
Alternative groundwater protection
standard-A risk-based remediation standard for substances that have no
primary MCLs under the Federal and State Safe Drinking Water Acts
(42 U.S.C.A. §§
300f-300j-18; and
35 P. S. §§
721.1-721.17). For carcinogens, the
standard represents a concentration associated with an excess lifetime cancer
risk level between 1 x 10-4 and 1 x
10-6, including the cumulative risk of all
contaminants. For systemic toxicants, the standard represents a concentration
to which the human population, including sensitive subgroups, could be exposed
on a daily basis that is likely to be without appreciable risk of deleterious
effects during a lifetime. When several systemic toxicants affect the same
target organ or act by the same method of toxicity, the hazard index may not
exceed one.
Aluminum-Refers to cans comprised of
100% aluminum.
Aquifer-A geologic formation, group of
formations or part of a formation capable of yielding sufficient groundwater
for monitoring purposes.
Association-A corporation,
partnership, limited liability company, business trust or two or more persons
associated in a common enterprise or undertaking.
Attenuating soil-Soil material
existing in place or placed beneath solid waste that will provide natural
attenuation of leachate emanating from the waste.
Attenuation-A decrease in the maximum
concentration or total quantity of an applied chemical or biological
constituent of solid waste in a fixed time or distance that results from
physical, chemical or biological reactions or transformations.
Autoclave-A pressure vessel in which
regulated medical waste is disinfected using high temperature steam, directly
or indirectly, to maintain specified temperatures for retention times
consistent with the waste being processed.
Autofluff-The residue from the
shredding of automobiles, after all fluids have been removed.
Background standard-A numerical value
as determined under section 302 of the Land Recycling and Environmental
Remediation Standards Act (35 P. S. §
6026.302) and §
250.202 (relating to establishing
background concentrations).
Beneficial use-Use or reuse of
residual waste or residual material derived from residual waste for commercial,
industrial or governmental purposes, where the use does not harm or threaten
public health, safety, welfare or the environment, or the use or reuse of
processed municipal waste for any purpose, where the use does not harm or
threaten public health, safety, welfare or the environment.
Biologicals-Preparations made from
living organisms and their products, including vaccines, cultures, and the
like, intended for use in diagnosing, immunizing or treating humans or animals
or in research pertaining thereto.
Blood products-A product derived from
human blood, including blood plasma, serum, platelets, red or white blood
corpuscles, licensed products such as interferon and other derived material
containing free-flowing blood and blood components.
Body fluids-Liquids emanating or
derived from humans and limited to the following: blood; cerebrospinal,
synovial, pleural, peritoneal and pericardial fluids; semen and vaginal
secretions; and amniotic fluid. The term also includes the following fluids if
they contain visible blood: feces, sputum, saliva, urine and vomitus.
Byproduct material-The Federal
definition for "byproduct material" in
10 CFR
20.1003 (relating to definitions) is
incorporated by reference.
Chemotherapeutic waste-Waste resulting
from the production or use of antineoplastic agents used for the purpose of
inhibiting or stopping the growth of malignant cells or killing malignant
cells. The term does not include waste containing antineoplastic agents that
are hazardous wastes under Chapter 261a (relating to identification and listing
of hazardous waste) and 40 CFR Part 261 (relating to identification and listing
of hazardous waste) to the extent that Part 261 is incorporated in §
261a.1 (relating to incorporation
by reference, purpose and scope).
Clean fill-Uncontaminated,
nonwater-soluble, nondecomposable inert solid material used to level an area or
bring the area to grade. The term does not include material placed into or on
waters of this Commonwealth.
Closure-The date on which a municipal
waste processing or disposal facility permanently ceases to accept waste, and
access is limited to activities necessary for postclosure care, maintenance and
monitoring.
Closure certification-A written
document attested to by a corporate official that states that a landfill has
permanently ceased accepting waste and access has been limited to activities
necessary for postclosure care, maintenance and monitoring.
Collateral bond-A penal bond agreement
in a sum certain, payable to the Department, executed by the operator and
supported by the deposit with the Department of cash, negotiable bonds of the
United States, the Commonwealth, the Turnpike Commission, the General State
Authority, the State Public School Building Authority or a Commonwealth
municipality, Commonwealth bank automatically renewable and assignable
certificates of deposit or irrevocable and standby Commonwealth bank letters of
credit.
Collection contractor-The definition
from section 203 of the Small Business and Household Pollution Prevention
Program Act (35 P. S. §
6029.203) is
incorporated by reference.
Collection event-The definition from
section 203 of the Small Business and Household Pollution Prevention Program
Act is incorporated by reference.
Commercial establishment-An
establishment engaged in nonmanufacturing or nonprocessing business, including,
but not limited to, stores, markets, office buildings, restaurants, shopping
centers and theaters.
Commercial regulated medical or
chemotherapeutic waste facility-A facility that processes regulated
medical or chemotherapeutic waste under either of the following
conditions:
(i) The facility does not
generate any of the regulated medical or chemotherapeutic waste that it
processes.
(ii) If the facility
generates the regulated medical or chemotherapeutic waste that it processes,
the amount of waste on a monthly average that is generated onsite and offsite
by wholly-owned generators of the facility is less than 50% of the waste that
it processes.
Community activities-Events sponsored
in whole or in part by a municipality, or conducted within a municipality and
sponsored privately, which include, but are not limited to, fairs, bazaars,
socials, picnics and organized sporting events that will be attended by 200 or
more individuals per day.
Composting-The process by which
organic solid waste is biologically decomposed under controlled anaerobic or
aerobic conditions to yield a humus-like product.
Composting facility-A facility using
land for processing of municipal waste by composting. The term includes land
thereby affected during the lifetime of the operations, including, but not
limited to, areas where composting actually occurs, support facilities, borrow
areas, offices, equipment sheds, air and water pollution control and treatment
systems, access roads, associated onsite or contiguous collection,
transportation and storage facilities, closure and postclosure care and
maintenance activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the facility.
The term does not include a facility for composting residential municipal waste
that is located at the site where the waste was generated.
Composting pad-An area within a
general composting facility where compost or solid waste is processed, stored,
loaded or unloaded.
Conditionally exempt small quantity
generator-A generator of hazardous waste generating in a calendar
month less than 100 kg of nonacute hazardous waste, and less than 1 kg per
month of acutely hazardous wastes under
40 CFR
261.31,
261.32 or
261.33(e)
(relating to hazardous wastes from non-specific sources; hazardous wastes from
specific sources; and discarded commercial chemical products, off-specification
species, container residues, and spill residues thereof), incorporated in
§
261a.1 or a total of 100 kg of
residue or contaminated soil waste, or other debris resulting from the cleanup
of a spill, into or on land or waters of this Commonwealth, of acute hazardous
waste listed in 40 CFR
261.31,
261.32 or
261.33(e),
incorporated in §
261a.1.
Construction/demolition waste-Solid
waste resulting from the construction or demolition of buildings and other
structures, including, but not limited to, wood, plaster, metals, asphaltic
substances, bricks, block and unsegregated concrete. The term does not include
the following if they are separate from other waste and are used as clean
fill:
(i) Uncontaminated soil, rock,
stone, gravel, brick and block, concrete and used asphalt.
(ii) Waste from land clearing, grubbing and
excavation, including trees, brush, stumps and vegetative material.
Construction/demolition waste
landfill-A facility using land exclusively for the disposal of
construction/demolition waste. The term includes land affected during the
lifetime of the operations, including, but not limited to, areas where disposal
activities actually occur, support facilities, borrow areas, offices, equipment
sheds, air and water pollution control and treatment systems, access roads,
associated onsite or contiguous collection, transportation and storage
facilities, closure and postclosure care and maintenance activities and other
activities in which the natural land surface has been disturbed as a result of
or incidental to the operation of the facility.
Construction material-The engineered
use of municipal waste as a substitute for a raw material or a commercial
product in a construction activity, if the waste has the same engineering
characteristics as the raw material or commercial product for which it is
substituting. The term includes the use of municipal waste as a road bed
material, for pipe bedding and in similar operations. The term does not include
valley fills, the use of municipal waste to fill open pits from coal or other
fills or the use of municipal waste solely to level an area or bring the area
to grade when a construction activity is not completed promptly after the
placement of the solid waste.
Container-A portable device in which
waste is held for storage or transportation.
Corrugated paper-A structural paper
material with an inner core shaped in rigid parallel furrows and ridges.
Department-The Department of
Environmental Protection of the Commonwealth, and its authorized
representatives.
Disinfection-The treatment or
processing of regulated medical waste so that it poses no risk of infection or
other health risk to individuals handling or otherwise coming into contact with
the waste. The term includes autoclaving; dry heat, gas or chemical
disinfection; radiation and irradiation; and incineration.
Disposal-The deposition, injection,
dumping, spilling, leaking or placing of solid waste into or on the land or
water in a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged to the waters
of this Commonwealth.
Disposal area-The part of the site
where disposal is occurring or will occur.
Dredged material-Material dredged or
excavated from waters for the direct or indirect purpose of establishing or
increasing water depth, or increasing the surface or cross-sectional area of a
waterway and which includes sediment, soil, mud, shells, gravel or other
aggregate. The material does not include waste removed or dredged from an
impoundment that has received solid waste.
EPA-The United States Environmental
Protection Agency.
Eligible entity-The definition from
section 203 of the Small Business and Household Pollution Prevention Program
Act is incorporated by reference.
Environmental protection acts-The act,
The Clean Streams Law (35 P. S. §§
691.1-691.1001), the Municipal Waste
Planning, Recycling and Waste Reduction Act (53 P. S. §§
4000.101-4000.1904), the Hazardous Sites
Cleanup Act (35 P. S. §§
6020.101-6020.1305), the Low-Level
Radioactive Waste Disposal Act (35 P. S. §§
7130.101-7130.905), the act of July 13, 1988
(P. L. 525, No. 93) (35 P. S. §§
6019.1-6019.6), known as the Infectious and
Chemotherapeutic Waste Disposal Law, the Air Pollution Control Act
(35 P. S. §§
4001-4015), the Surface
Mining Conservation and Reclamation Act (52 P. S. §§
1396.1-1396.19b), the Noncoal
Surface Mining Conservation and Reclamation Act (52 P. S. §§
3301-3326), the Dam Safety and Encroachments
Act (32 P. S. §§
693.1-693.27), and other State or Federal
statutes relating to environmental protection or the protection of public
health, including statutes adopted or amended after April 9, 1988.
Environmental Stewardship and Watershed
Protection Act-27 Pa.C.S. §§ 6101-6113.
FAA-The Federal Aviation
Administration of the United States Department of Transportation.
Facility-Land, structures and other
appurtenances or improvements where municipal waste disposal, processing or
beneficial use is permitted or takes place.
Feasibility study-A study which
analyzes a specific municipal waste processing, recycling or disposal system to
assess the likelihood that the system can be successfully implemented,
including, but not limited to, an analysis of the prospective market, the
projected costs and revenues of the system, the municipal waste stream that the
system will rely upon and various options available to implement the system.
Final closure-The date after which no
further treatment, maintenance or other action is or will be necessary at a
municipal waste processing or disposal facility to ensure compliance with the
act and this article.
Free liquids-Liquids which readily
separate from the solid portion of waste under ambient temperature and
pressure.
Friable asbestos containing
waste-Waste containing more than 1% asbestos by weight that hand
pressure can crumble, pulverize or reduce to powder when dry. The term also
includes nonfriable asbestos containing waste which is rendered friable during
management.
General composting facility-A
composting facility other than an individual backyard composting facility or
yard waste composting facility operating under §
271.103(h)
(relating to permit-by-rule for municipal waste processing facilities other
than for regulated medical or chemotherapeutic waste; qualifying facilities;
general requirements).
General permit-Except as provided in
Subchapter J (relating to beneficial use of sewage sludge by land application),
a regional or Statewide permit issued by the Department for a specified
category of beneficial use or processing of solid waste, the terms and
conditions of which allow an original applicant, a registrant and a person or
municipality that obtains a determination of applicability, to operate under
the permit if the terms and conditions of the permit and certain requirements
of this article are met.
Generator-A person or municipality
that produces or creates a municipal waste.
Groundwater-Water beneath the surface
of the ground that exists in a zone of saturation.
Groundwater degradation-A measurable
increase in the concentration of one or more contaminants in groundwater above
background concentrations for those contaminants.
Hazardous waste-Garbage, refuse or
sludge from an industrial or other waste water treatment plant; sludge from a
water supply treatment plant or air pollution control facility; and other
discarded material, including solid, liquid, semisolid or contained gaseous
material resulting from municipal, commercial, industrial, institutional,
mining, or agricultural operations, and from community activities; or a
combination of the above, which because of its quantity, concentration or
physical, chemical or infectious characteristics may do one of the
following:
(i) Cause or significantly
contribute to an increase in mortality or increase in morbidity in either an
individual or the total population.
(ii) Pose a substantial present or potential
hazard to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
The term does not include coal refuse as defined in the
Coal Refuse Disposal Control Act (52 P. S. §§
30.51-30.101).The term does not include
treatment sludges from coal mine drainage treatment plants, disposal of which
is being carried on under and in compliance with a valid permit issued under
The Clean Streams Law (35 P. S. §§
691.1-691.1001). The term does not include
solid or dissolved material in domestic sewage, or solid or dissolved materials
in irrigation return flows or industrial discharges which are point sources
subject to permits under section 402 of the Federal Water Pollution Control Act
(33 U.S.C.A. §
1341) or source, special nuclear or byproduct
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. §§
2011-2284).
High grade office paper-Bond, copier,
letterhead or mimeograph paper typically sold as "white ledger" paper; and
computer paper.
Highly virulent diseases-Diseases
derived from Class IV etiologic agents, as defined by the Centers for Disease
Control, United States Department of Health and Human Services. Information
about Class IV etiologic agents may be obtained from CDC-NIH Biosafety,
Microbiological and Biomedical Laboratories Centers for Disease Control, 1600
Clifton Road, N. E., Atlanta, Georgia 30333.
Home self-care-The provision of
medical care in the home setting (for example, private residents) through
either self-administration practices or by a family member or other person.
Household hazardous waste-
(i) Waste generated by a household that could
be chemically or physically classified as a hazardous waste under the standards
of Article VII (relating to hazardous waste management).
(ii) For the purpose of this definition, the
term "household" includes those places described as "households" in
40 CFR
261.4(b)(1) (relating to
exclusions).
Incineration-The act of reducing to
ashes by combustion.
Incinerator-An enclosed device using
controlled combustion for the primary purpose of thermally breaking down solid
waste, and which is equipped with a flue as defined in §
121.1 (relating to
definitions).
Incorporating-Injecting sludge beneath
the surface of the soil or mixing sludge with the surface soil.
Industrial establishment-An
establishment engaged in manufacturing or processing, including, but not
limited to, factories, foundries, mills, processing plants, refineries, mines
and slaughterhouses.
Infectious agent-
(i) An organism, such as a virus or bacteria,
that is capable of being communicated by invasion and multiplication in body
tissues and capable of causing disease or adverse health impacts in
humans.
(ii) The term does not
include agents classified as Biosafety Level 1 by a facility engaged in the
production or research and development of vaccines or other biologics
classified under the North American Industrial Classification System (NAICS) as
Code 325414-Biological Product (except Diagnostic) Manufacturing or Code
541711-Research and Development in Biotechnology, as determined by the
protocols established in the most recent edition of the Centers for Disease
Control's (CDC) Biosafety in Microbial and Biomedical
Laboratories (BMBL) existing at the time the waste is
generated.
Infectious waste-
(i)
General. Municipal and
residual waste which is generated in the diagnosis,
treatment, immunization or
autopsy of human beings or animals, in research pertaining thereto, in the
preparation of human or animal remains for interment or cremation, or in the
production or testing of
biologicals, and which falls under one or more of the
following categories:
(A)
Cultures and
stocks. Cultures and stocks of infectious agents and associated
biologicals, including the following:
(I)
Cultures from medical and pathological laboratories.
(II) Cultures and stocks of infectious
agents, and cell lines that have been exposed to infectious agents from
research and industrial laboratories.
(III) Wastes from the production of
biologicals.
(IV) Discarded live
and attenuated vaccines except for residue in emptied containers, as determined
by applying the criteria in 40 CFR
261.7(b)(1) or
(2) (relating to residues of
hazardous waste
in empty containers) to the residue remaining in the
container.
(V) Culture dishes, assemblies and devices
used to conduct diagnostic tests or to transfer, inoculate and mix
cultures.
(B)
Pathological wastes. Human pathological wastes, including
tissues, organs and body parts and body fluids that are removed during surgery,
autopsy, other medical procedures or laboratory procedures. The term does not
include hair, nails or extracted teeth.
(C)
Human blood and body fluid
waste.
(I) Liquid waste human
blood.
(II) Blood
products.
(III) Items saturated or
dripping with human blood.
(IV)
Items that were saturated or dripping with human blood that are now caked with
dried human blood, including serum, plasma and other blood components, which
were used or intended for use in patient care, specimen testing or the
development of pharmaceuticals.
(V)
Intravenous bags that have been used for blood transfusions, including soft
plastic pipettes and plastic blood vials.
(VI) Items, including dialysate, that have
been in contact with the blood of patients undergoing hemodialysis at hospitals
or independent treatment centers.
(VII) Items saturated or dripping with body
fluids or caked with dried body fluids from persons during surgery, autopsy,
other medical procedures or laboratory procedures.
(VIII) Specimens of blood products or body
fluids, and their containers.
(D)
Animal wastes.
Contaminated animal carcasses, body parts, blood, blood products, secretions,
excretions and bedding of animals that were known to have been exposed to
zoonotic infectious agents or nonzoonotic human pathogens during research,
production of biologicals, or testing of pharmaceuticals.
(E)
Isolation wastes.
Biological wastes and
waste contaminated with blood, excretion, exudates or
secretions from:
(I) Humans who are isolated
to protect others from highly virulent diseases.
(II) Isolated animals known or suspected to
be infected with highly virulent diseases.
(F)
Used sharps.
(I) Broken glass, hypodermic needles,
syringes to which a needle is or can be attached, razors, pasteur pipettes,
scalpel blades, blood vials, needles with attached tubing, culture dishes,
suture needles, slides, cover slips, and other broken or unbroken glass or
plasticware that have been in contact with infectious agents or that have been
used in animal or human patient care or treatment.
(II) The term does not include broken or
unbroken plasticware generated at facilities engaged in the production or
research and development of vaccines or other biologics and classified under
the NAICS as Code 325414-Biological Product (except Diagnostic) Manufacturing
or Code 541711-Research and Development in Biotechnology, where no agent in the
waste is classified as Biosafety Levels 2-4 as determined by the protocols
established in the most recent edition of the CDC's BMBL existing at the time
the waste is generated.
(ii)
Mixtures.
(A) The term also includes materials
identified under subparagraph (i) that are mixed with municipal and residual
waste, including disposable containers.
(B) The term also includes mixtures of
materials identified in subparagraph (i) with quantities of radioactive waste
not subject to regulation.
(iii)
Exceptions. The term
does not include the following:
(A) Wastes
generated as a result of home self-care.
(B) Human corpses, remains and anatomical
parts that are intended for interment or cremation, or are donated and used for
scientific or medical education, research or treatment.
(C) Etiologic agents being transported for
purposes other than
waste processing or
disposal under the requirements of the
United States
Department of
Transportation (49 CFR
171.1-
171.26 (relating to general
information, regulations, and definitions)), the
Department of
Transportation
(67 Pa. Code Part I) and other applicable shipping requirements.
(D) Samples of regulated medical waste
transported offsite by Commonwealth or United States government enforcement
personnel during an enforcement proceeding.
(E) Body fluids, tissues, specimens or
biologicals that are being transported to or stored at a laboratory prior to
laboratory testing.
(F) Ash residue
from the
incineration of materials identified in subparagraphs (i) and (ii) if
the
incineration was conducted in accordance with §
284.321 (relating to regulated
medical
waste monitoring requirements). The ash residue shall be managed as
special handling
municipal waste.
(G) Reusable or recyclable containers or
other nondisposable materials, if they are cleaned and disinfected, or if there
has been no direct contact between the surface of the
container and materials
identified in subparagraph (i). Laundry or medical equipment shall be cleaned
and disinfected in accordance with the United States Occupational Safety and
Health Administration requirements in
29 CFR
1910.1030 (relating to bloodborne
pathogens).
(H) Soiled diapers that
do not contain materials identified in subparagraph (i).
(I) Mixtures of hazardous waste subject to
Article VII and materials identified in subparagraph (i) shall be managed as
hazardous waste and not regulated medical waste.
(J) Mixtures of materials identified in
subparagraph (i) and regulated radioactive
waste shall be managed as
radioactive
waste in accordance with applicable Commonwealth and Federal
statutes and regulations, including §
236.521 (relating to minimum
requirements for classes of
waste).
(K) Mixtures of materials identified in
subparagraph (i) and chemotherapeutic waste shall be managed as
chemotherapeutic waste in accordance with this article.
(L) Wastes, mixtures of wastes or cell lines
from facilities engaged in the production or research and development of
vaccines or other biologics and classified under the NAICS as Code
325414-Biological Product (except Diagnostic) Manufacturing or Code
541711-Research and Development in Biotechnology, where no agent in the waste
is classified as Biosafety Levels 2-4 as determined by the protocols
established in the most recent edition of the CDC's BMBL existing at the time
the waste is generated.
Institutional establishment-An
establishment engaged in service, including, but not limited to, hospitals,
nursing homes, orphanages, schools and universities.
Intermittent stream-A body of water
flowing in a channel or bed composed primarily of substrates associated with
flowing water which, during periods of the year, is below the local water table
and obtains its flow from both surface runoff and groundwater
discharges.
Land application-Agricultural
utilization or land reclamation of solid waste. The term does not include the
disposal of solid waste in a landfill or disposal impoundment.
Land disposal-The land application of
sewage sludge for purposes other than agricultural utilization or land
reclamation.
Landowner-The person or municipality
in whom legal title to the surface of the land is vested.
Land reclamation-The land application
of sewage sludge for its plant nutrient value or as a soil conditioner, in
order to establish vegetative growth or restore or enhance the soil.
Leachate-A liquid that has permeated
through or drained from solid waste.
Leaf composting facility-A facility
for composting vegetative material, including leaves, garden residue and
chipped shrubbery and tree trimmings. The term does not include a facility that
is used entirely or partly for composting grass clippings.
Leaf waste-Leaves, garden residues,
shrubbery and tree trimmings, and similar material, but not including grass
clippings.
Lift-A compacted layer of solid waste
upon which daily, intermediate or final cover may be applied.
Liquid waste-A waste that contains
free liquids as determined by Method 9095 (paint filter liquids test), as
described in the EPA's "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods" (EPA Publication No. SW-846).
MCL-Maximum contaminant level.
Management-The entire process, or a
part thereof, of storage, collection, transportation, processing, treatment and
disposal of solid wastes by a person engaging in the process.
Marketed-The transfer of ownership of
recyclable materials for the purpose of recycling the materials into a new
product or use.
Maximum daily volume-The maximum daily
volume limit that is permitted to be received for disposal at the facility on
an operating day.
Mine-A deep or surface mine, whether
active, inactive or abandoned.
Mining-The process of the extraction
of minerals from the earth, from waste or stockpiles or from pits or
banks.
Mobile regulated medical waste processing
facility-A regulated medical waste processing unit that is moved from
one waste generation site to another for the purpose of onsite processing of a
generator's regulated medical waste. The term refers to any processing activity
designed to disinfect waste in accordance with §
284.321 to render the waste
noninfectious. The term does not include any permanently placed waste
processing units.
Municipality-A city, borough,
incorporated town, township, county or an authority created by any of the
foregoing.
Municipal recycling program-A source
separation and collection program for recycling municipal waste or
source-separated recyclable materials, or a program for designated drop-off
points or collection centers for recycling municipal waste or source-separated
recyclable materials, that is operated by or on behalf of a municipality. The
term includes a source separation and collection program for composting yard
waste that is operated by or on behalf of a municipality. The term does not
include a program for recycling construction/demolition waste or sludge from
sewage treatment plants or water supply treatment plants.
Municipal waste-Garbage, refuse,
industrial lunchroom or office waste and other material, including solid,
liquid, semisolid or contained gaseous material resulting from operation of
residential, municipal, commercial or institutional establishments and from
community activities; and sludge not meeting the definition of residual or
hazardous waste under this section from a municipal, commercial or
institutional water supply treatment plant, waste water treatment plant or air
pollution control facility.
Municipal waste disposal or processing
facility-A facility using land for disposing or processing of
municipal waste. The facility includes land affected during the lifetime of
operations, including, but not limited to, areas where disposal or processing
activities actually occur, support facilities, borrow areas, offices, equipment
sheds, air and water pollution control and treatment systems, access roads,
associated onsite or contiguous collection, transportation and storage
facilities, closure and postclosure care and maintenance activities and other
activities in which the natural land surface has been disturbed as a result of
or incidental to operation of the facility.
Municipal waste landfill-A facility
using land for disposing of municipal waste. The facility includes land
affected during the lifetime of operations including, but not limited to, areas
where disposal or processing activities actually occur, support facilities,
borrow areas, offices, equipment sheds, air and water pollution control and
treatment systems, access roads, associated onsite and contiguous collection,
transportation and storage facilities, closure and postclosure care and
maintenance activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the facility.
The term does not include a construction/demolition waste landfill or a
facility for the land application of sewage sludge.
Municipal waste management plan-A
comprehensive plan for an adequate municipal waste management system in
accordance with Chapter 272, Subchapter C (relating to municipal waste
planning).
Municipal Waste Planning, Recycling and Waste
Reduction Act-53 P. S. §§ 4000.101-4000.1904.
NARM-Naturally occurring or
accelerator-produced radioactive material. The term does not include byproduct,
source or special nuclear material.
NORM-Naturally occurring radioactive
material. A nuclide which is radioactive in its natural physical state-that is,
not manmade-but does not include source or special nuclear material.
NPDES-National Pollutant Discharge
Elimination System.
Normal farming operations-The
customary and generally accepted activities, practices and procedures that
farms adopt, use or engage in year after year in the production and preparation
for market of poultry, livestock and their products; and in the production,
harvesting and preparation for market of agricultural, agronomic,
horticultural, silvicultural and aquicultural crops and commodities; if the
operations are conducted in compliance with applicable laws, and if the use or
disposal of these materials will not pollute the air, water or other natural
resources of this Commonwealth. The term includes the storage and utilization
of agricultural and food process wastes for animal feed, and the agricultural
utilization of septic tank cleanings and sewage sludges which are generated
offsite. The term also includes the management, collection, storage,
transportation, use or disposal of manure, other agricultural waste and food
processing waste on land where the materials will improve the condition of the
soil, the growth of crops or in the restoration of the land for the same
purposes.
Occupied dwelling-A permanent building
or fixed mobile home that is currently being used on a regular or temporary
basis for human habitation.
Onsite-The same or geographically
contiguous property owned or leased or used by a generator or waste management
facility, which may be divided by public or private right-of-way, if 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 or leased by the same person or municipality but
connected by a right-of-way under the control of the person or municipality and
to which the public does not have access, are also considered onsite property.
A facility that does not meet the requirements of this definition is an offsite
facility.
Operate-To construct a municipal waste
management facility in anticipation of receiving solid waste for the purpose of
processing or disposal; to receive, process or dispose of solid waste; to carry
on an activity at the facility that is related to the receipt, processing or
disposal of waste or otherwise affects land at the facility; to conduct closure
and postclosure activities at a facility.
Operator-A person or municipality that
operates a municipal waste processing or disposal facility.
Owner-The person or municipality who
is the owner of record of a facility or part of a facility.
PCB containing waste-Solid waste
containing PCBs in the following concentrations:
(i) More than 4 parts per million, but less
than 50 parts per million.
(ii)
Fifty parts per million or more, if the following are met:
(A) Regulations promulgated under the Toxic
Substances Control
Act (15
U.S.C.A. §§
2601-
2629)
provide that the
waste may be disposed of as municipal
solid waste.
(B) The waste is not a hazardous waste under
the act.
(C) The Resource
Conservation and Recovery
Act (42 U.S.C.A. §§
6901-
6991) does not impose specific
standards or requirements for the
disposal of the
waste.
Pennsylvania Used Oil Recycling Act-58
P. S. §§ 471-480.
Perched aquifer-An aquifer that is
separated from an underlying aquifer by an unsaturated zone.
Perched water table-The water table in
a perched aquifer.
Perennial stream-A body of water
flowing in a channel or bed composed of substrates associated with flowing
waters and capable, in the absence of pollution or other manmade disturbances,
of supporting a benthic macroinvertebrate community which is composed of two or
more recognizable taxonomic groups of organisms which are large enough to be
seen by the unaided eye and can be retained by United States Standard No. 30
sieve (28 meshes per inch, 0.595 mm openings) and live at least part of their
life cycles within or upon available substrates in a body of water or water
transport system.
Permit-A permit issued by the
Department to operate a municipal waste disposal or processing facility, or to
beneficially use municipal waste. The term includes a general permit,
permit-by-rule, permit modification, permit reissuance and permit
renewal.
Permit area-The area of land and water
within the boundaries of the permit, which is designated on the permit
application maps as approved by the Department. The area includes the areas
which are or will be affected by the municipal waste processing or disposal
facility.
Permit-by-rule-A permit which a person
or municipality is deemed to have for the operation of a facility or an
activity upon compliance with §
271.102 or §
271.103 (reserved).
Person-An individual, partnership,
corporation, association, institution, cooperative enterprise, municipal
authority, Federal Government or agency, State institution and
agency-including, but not limited to, the Department of General Services and
the State Public School Buildings Authority-or another legal entity which is
recognized by law as the subject of rights and duties. In the provisions of
this article pertaining to a fine or penalty, the term includes the officers
and directors of a corporation or other legal entity having officers and
directors.
Plan revision-A change that affects
the contents, terms or conditions of a Department approved plan under the
Municipal Waste Planning, Recycling and Waste Reduction Act.
Pollution-Contamination of air, water,
land or other natural resources of this Commonwealth that will create or is
likely to create a public nuisance or to render the air, water, land or other
natural resources harmful, detrimental or injurious to public health, safety or
welfare, or to domestic, municipal, commercial, industrial, agricultural,
recreational or other legitimate beneficial uses, or to livestock, wild
animals, birds, fish or other life.
Postclosure-Activities after closure
which are necessary to ensure compliance with the act and this article,
including application of final cover, grading and revegetation; groundwater,
surface water and gas monitoring; erosion control and gas control; leachate
treatment, and abatement of pollution or degradation to land, water, air or
other natural resources.
Postconsumer material-A product
generated by a business or consumer which has served its intended end use, and
which has been separated or diverted from solid waste for the purposes of
collection, recycling and disposition. The term includes industrial byproducts
that would otherwise go to disposal or processing facilities. The term does not
include internally generated scrap that is commonly returned to industrial or
manufacturing processes.
Principal shareholder-A person or
municipality that owns, holds or controls at least 5% of the stock of a
publicly held corporation or at least 10% of the stock of a privately held
corporation.
Processing-Technology used for the
purpose of reducing the volume or bulk of municipal or residual waste or
technology used to convert part or all of the waste materials for offsite
reuse. Processing facilities include, but are not limited to, transfer
facilities, composting facilities and resource recovery facilities.
Project development-Activities
required to be conducted prior to constructing a processing or disposal
facility that have been shown to be feasible, including, but not limited to,
public input and participation, siting, procurement and vendor contract
negotiations, and market and municipal waste supply assurance negotiations.
Radioactive material-A substance which
spontaneously emits alpha or beta particles or photons (gamma radiation) in the
process of decay or transformation of the atom's nucleus.
Reasonable expansion-A municipal waste
landfill that meets the following:
(i)
The facility represents growth of an existing permitted municipal waste
landfill to land which is contiguous to the existing landfill.
(ii) The contiguous land meets one of the
following:
(A) The land is owned in fee by the
owner of the municipal waste landfill.
(B) The land is subject to an irrevocable
option exercisable within 1 year of one of the following:
(I) If the land is located in a county that
will be submitting a plan under §
272.211(a)
(relating to general requirement), the date that the first written notice of
plan development is given under §
272.203 (relating to notice to
municipalities).
(II) If the land
is located in a county that had a plan approved under §
272.211(b), the
date that the first written notice of proposed revision of the approved plan is
given under §
272.203.
(iii) The contiguous land contains the same
geological features as are present at the existing municipal waste
landfill.
(iv) A complete
permit
application for the expansion is filed with the
Department within 1 year of one
of the following:
(A) If the land is located
in a county that will be submitting a plan under §
272.211(a), the
date that the first written notice of plan development is given under §
272.203.
(B) If the land is located
in a county that had a plan approved under §272.111(b), the
date that the first written notice of proposed revision of the approved plan is
given under §
272.203.
Recycling-The collection, separation,
recovery and sale or reuse of metals, glass, paper, plastics and other
materials which would otherwise be disposed or processed as municipal
waste.
Recycling facility-A facility
employing a technology that is a process that separates or classifies municipal
waste and creates or recovers reuseable materials that can be sold to or reused
by a manufacturer as a substitute for or a supplement to virgin raw materials.
The term does not include transfer facilities, municipal waste landfills,
composting facilities or resource recovery facilities.
Recycling Fund-The fund established
under section 706 of the Municipal Waste Planning, Recycling and Waste
Reduction Act (53 P. S. §
4000.706).
Regional groundwater table-The
fluctuating upper water level surface of an unconfined or confined aquifer,
where the hydrostatic pressure is equal to the ambient atmospheric pressure.
The term does not include the perched water table or the seasonal high water
table.
Regulated medical or chemotherapeutic waste
aggregation facility-A facility that accepts, aggregates or stores
regulated medical or chemotherapeutic waste, or both.
Regulated medical waste-Infectious
waste.
Related party-A person or municipality
engaged in solid waste management that has a financial relationship to a permit
applicant or operator. The term includes a partner, associate, officer, parent
corporation, subsidiary corporation, contractor, subcontractor, agent or
principal shareholder of another person or municipality, or a person or
municipality that owns land on which another person or municipality operates a
municipal waste processing or disposal facility.
Remaining available permitted
capacity-The remaining permitted capacity that is actually available
for processing or disposal to the county or other municipality that generated
the waste.
Remaining permitted capacity-The
weight or volume of municipal waste that can be processed or disposed of at an
existing municipal waste processing or disposal facility. The term includes
weight or volume capacity for which the Department has issued a permit under
the act. The term does not include a facility that the Department determines,
or has determined, has failed and continues to fail to comply with the act, the
regulation thereunder, an order issued thereunder or permit conditions.
Remediation standards-Background,
MCLs, site-specific, Statewide health and alternative groundwater protection
standards as those terms are defined under this article.
Residential septage-Liquid or solid
material removed from a septic tank, cesspool or similar treatment works that
receives only waste or wastewater from humans or household operations. The term
includes processed residential septage from a residential septage treatment
facility. The term does not include liquid or solid material removed from a
septic tank, cesspool, portable toilet, Type III marine sanitation device or
similar treatment works that receives either commercial wastewater or
industrial wastewater and does not include grease removed from a grease trap at
a restaurant.
Residual waste-Garbage, refuse, other
discarded material or other waste, including solid, liquid, semisolid or
contained gaseous materials resulting from industrial, mining and agricultural
operations; and sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution control
facility, if it is not hazardous. The term does not include coal refuse as
defined in the Coal Refuse Disposal Control Act (52 P. S. §§
30.51-30.66). The term does not include
treatment sludges from coal mine drainage treatment plants, disposal of which
is being carried on under and in compliance with a valid permit issued under
The Clean Streams Law (35 P. S. §§
691.1-691.1001).
Resource recovery facility-
(i) A processing facility that provides for
the extraction and utilization of materials or energy from municipal
waste.
(ii) The term includes a
facility that mechanically extracts materials from municipal waste, a
combustion facility that converts the organic fraction of municipal waste to
usable energy and a chemical and biological process that converts municipal
waste into a fuel product.
(iii)
The term includes a facility for the combustion of municipal waste that is
generated offsite, whether or not the facility is operated to recover
energy.
(iv) The term includes land
affected during the lifetime of operations, including, but not limited to,
areas where processing activities actually occur, support facilities, borrow
areas, offices, equipment sheds, air and water pollution control and treatment
systems, access roads, associated onsite or contiguous collection,
transportation and storage facilities, closure and postclosure care and
maintenance activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility.
(v) The term does not
include:
(A) A composting facility.
(B) Methane gas extraction from a municipal
waste landfill.
(C) A separation
and collection center, drop-off point or collection center for recycling, or a
source separation or collection center for composting leaf waste.
(D) A facility, including all units in the
facility, with a total processing capacity of less than 50 tons per
day.
Risk-based standard-A risk-based
abatement standard for substances that have no MCLs under the Federal and State
Safe Drinking Water Acts.
(i) For
carcinogens the standard represents a concentration associated with an excess
lifetime cancer risk level between 1 x 10-4 and 1 x
10-6, including the cumulative risk of all
contaminants and represents a concentration associated with an excess cancer
risk level of 1 x 10-5 at the property boundary of a
municipal waste facility.
(ii) For
systemic toxicants, the standard represents a concentration to which the human
population, including sensitive subgroups, could be exposed on a daily basis
that is likely to be without appreciable risk of deleterious effects during a
lifetime.
(iii) When several
systemic toxicants affect the same target organ or act by the same method of
toxicity, the hazard index may not exceed one.
Salvaging-The controlled removal or
recycling of material from a solid waste processing or disposal
facility.
Seasonal high water table-The minimum
depth from the soil surface at which redoximorphic features are present in the
soil.
Secondary contaminant-A substance for
which a secondary MCL exists, and no lifetime health advisory level
exists.
Sewage sludge-Liquid or solid sludges
and other residues from a municipal sewage collection and treatment system; and
liquid or solid sludges and other residues from septic and holding tank
pumpings from commercial, institutional or residential establishments. The term
includes materials derived from sewage sludge. The term does not include ash
generated during the firing of sewage sludge in a sewage sludge incinerator,
grit and screenings generated during preliminary treatment of sewage sludge at
a municipal sewage collection and treatment system, or grit, screenings and
nonorganic objects from septic and holding tank pumpings.
Site-The area where municipal waste
processing or disposal facilities are operated. If the operator has a permit to
conduct the activities, and is operating within the boundaries of the permit,
the site is equivalent to the permit area.
Site-specific standard-A numerical
value as determined under section 304 of the Land Recycling and Environmental
Remediation Standards Act (35 P. S. §
6026.304) and Chapter 250, Subchapter F
(relating to exposure and risk determinations).
Small business-A commercial
establishment producing hazardous waste in amounts not regulated under the
Resources Conservation and Recovery Act of 1976 (42 U.S.C.A. §§
6901-6986). For acutely hazardous
wastes under 40 CFR
261.33, incorporated in §
261a.1, the
term means commercial establishments producing less than 220 pounds per
calendar month. For all other hazardous wastes, the term means commercial
establishments producing less than 2,200 pounds per calendar month.
Small Business and Household Pollution
Prevention Program Act-35 P. S. §§ 6029.201-6029.209.
Soil additive or soil
substitute-Municipal waste which is beneficially used at specified
loading or application rates, to replace soil that was previously available at
the site, to enhance soil properties or to enhance plant growth. The term does
not include structural fills, construction material, valley fills or the use of
municipal waste to fill open pits from coal or noncoal mining or the disposal
of coal ash.
Soil mottling-Irregularly marked spots
in the soil profile that vary in color, size and number.
Solid waste-Waste, including, but not
limited to, municipal, residual or hazardous wastes, including solid, liquid,
semisolid or contained gaseous materials.
Solid Waste Abatement Fund-The fund
established under section 701 of the act (35 P. S. §
6018.701).
Source material-The Federal definition
for "source material" in 10
CFR 20.1003 is incorporated by
reference.
Source reduction-The reduction or
elimination of the quantity or toxicity of residual waste generated, which may
be achieved through changes within the production process, including process
modifications, feedstock substitutions, improvements in feedstock purity,
shipping and packing modifications, housekeeping and management practices,
increases in the efficiency of machinery and recycling within a process. The
term does not include dewatering, compaction, reclamation or the use or reuse
of waste.
Source separated recyclable
materials-Materials that are separated from municipal waste at the
point of origin for the purpose of recycling. The term is limited to clear
glass, colored glass, aluminum, steel and bimetallic cans, high-grade office
paper, newsprint, corrugated paper, plastics and other marketable grades of
paper.
Special handling waste-Solid waste
that requires the application of special storage, collection, transportation,
processing or disposal techniques due to the quantity of material generated or
its unique physical, chemical or biological characteristics. The term includes
dredged material, sewage sludge, regulated medical waste, chemotherapeutic
waste, ash residue from a solid waste incineration facility, friable
asbestos-containing waste, PCB-containing waste and waste oil that is not
hazardous waste.
Special nuclear material-The Federal
definition for "special nuclear material" in
10 CFR
20.1003 is incorporated by reference. The
term "Commission" refers to the Nuclear Regulatory Commission. The term "act"
refers to the Atomic Energy Act of 1954 (42 U.S.C.A. §§
2011-2297h-13). The term
"Department" shall be substituted for the term "Commission" when the Department
assumes Agreement State Status from the Nuclear Regulatory Commission.
Sponsor-The definition from section
203 of the Small Business and Household Pollution Prevention Program Act is
incorporated by reference.
Stabilized sewage sludge-Sewage sludge
that has been treated to reduce odor potential and the number of pathogenic
organisms. Treatment methods include anaerobic and aerobic digestion,
composting, lime stabilization and chlorine stabilization.
Statewide health standard-A numerical
value as determined under section 303 of the Land Recycling and Environmental
Remediation Standards Act (35 P. S. §
6026.303) and §
250.304, except for subsection
(d), §§
250.305 and
250.308 (relating to MSCs for
groundwater; MSCs for soil; and soil to groundwater pathway numeric
values).
Storage-The containment of any waste
on a temporary basis in such a manner as not to constitute disposal of the
waste. It shall be presumed that the containment of waste in excess of 1 year
constitutes disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
Surety bond-A penal bond agreement in
a sum certain, payable to the Department, executed by the operator and a
corporation licensed to do business as a surety in this Commonwealth and
approved by the Department, and which is supported by the guarantee to payment
on the bond by the surety.
TENORM-Technologically Enhanced
Naturally Occurring Radioactive Materials. A technologically enhanced naturally
occurring radioactive material not subject to regulation under the laws of the
Commonwealth or the Atomic Energy Act, whose radionuclide concentrations or
potential for human exposure have been increased above levels encountered in
the natural state by human activities.
Tank-A stationary containment device
which provides its own structural support and is constructed entirely of
nonearthen or nonwood materials.
Thermal processing-A method, technique
or process, excluding incineration and autoclaving, designed to disinfect
regulated medical waste by means of exposure to high thermal temperatures
through methods such as ionizing radiation or electric or plasma arc
technologies.
Transfer facility-A facility which
receives and processes or temporarily stores municipal or residual waste at a
location other than the generation site, and which facilitates the
transportation or transfer of municipal or residual waste to a processing or
disposal facility. The term includes a facility that uses a method or
technology to convert part or all of the waste materials for offsite reuse. The
term does not include a collecting or processing center that is only for
source-separated recyclable materials, including clear glass, colored glass,
aluminum, steel and bimetallic cans, high-grade office paper, newsprint,
corrugated paper and plastics.
Transportation-The offsite removal of
solid waste at any time after generation.
Transuranic radioactive
material-Material contaminated with elements that have an atomic
number greater than 92, including neptunium, plutonium, americium and
curium.
Treatment-A method, technique or
process, including neutralization, designed to change the physical, chemical,
or biological character or composition of waste to neutralize the waste or to
render the waste nonhazardous, safer for transport, suitable for recovery,
suitable for storage or reduced in volume. The term includes an activity or
processing designed to change the physical form or chemical composition of
waste to render it neutral or nonhazardous.
Unrecognizable regulated medical
waste-All components of the waste have been processed to produce
indistinguishable and unusable pieces smaller than 3/4 inch, except that all
used sharps must be smaller than 1/2 inch. The term does not mean compaction or
encapsulation except through:
(i)
Processes such as thermal treatment or melting, during which disinfection and
destruction occur.
(ii) Processes
such as shredding, grinding, tearing or breaking, during or after disinfection
occurs.
(iii) Processes that melt
plastics and fully encapsulate metallic or other used sharps and seals waste
completely in a container that will not be penetrated by untreated used
sharps.
Used oil-A petroleum-based or
synthetic oil which is used in an internal combustion engine as an engine
lubricant, or as a product for lubricating motor vehicle transmissions, gears
or axles which, through use, storage or handling has become unsuitable for its
original purpose due to the presence of chemical or physical impurities or loss
of original properties.
Waste-A material whose original
purpose has been completed and which is directed to a disposal, processing or
beneficial use facility or is otherwise disposed of, processed or beneficially
used. The term does not include source separated recyclable materials, material
approved by the Department for beneficial use under a beneficial use order
issued by the Department prior to May 27, 1997, or material which is
beneficially used in accordance with a general permit issued under Subchapter I
or Subchapter J (relating to beneficial use; and beneficial use of sewage
sludge by land application) if a term or condition of the general permit
excludes the material from being regulated as a waste.
Waste oil-Oil refined from crude oil
or synthetically produced, used and as a result of the use, contaminated by
physical or chemical impurities. The term includes used oil.
Waste reduction-Design, manufacture or
use of a product to minimize weight of municipal waste that requires processing
or disposal, including, but not limited to:
(i) Design or manufacturing activities which
minimize the weight or volume of materials contained in a product, or increase
durability or recyclability.
(ii)
The use of products that contain as little material as possible, are capable of
being reused or recycled or have an extended useful life.
Water source-The site or location of a
well, spring or water supply stream intake which is used for human consumption.
Wetlands-Areas that are inundated or
saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions, including swamps, marshes, bogs and similar areas.
Yard waste-Leaves, grass clippings,
garden residue, tree trimmings, chipped shrubbery and other vegetative
material.
Yard waste composting facility-A
facility that is used to compost leaf waste, or leaf waste and grass clippings,
garden residue, tree trimmings, chipped shrubbery and other vegetative
material. The term includes land affected during the lifetime of the operation,
including, but not limited to, areas where composting actually occurs, support
facilities, borrow areas, offices, equipment sheds, air and water pollution
control and treatment systems, access roads, associated onsite or contiguous
collection and transportation activities, and other activities in which the
natural surface has been disturbed as a result of or incidental to operation of
the facility.
