Utah Admin. Code R315-301-2 - Definitions
Terms used in Rules R315-301 through R315-322 are defined in Sections 19-1-103, 19-6-102, and 19-6-803. In addition, the following definitions apply to Rules R315-301 through R315-322.
(1) "Active area" means that portion of a
facility where solid waste recycling, reuse, treatment, storage, or disposal
operations are being conducted.
(2)
"Airport" means a public use airport open to the public without earlier
permission and without restrictions within the physical capacities of available
facilities.
(3) "Aquifer" means a
geological formation, group of formations, or portion of a formation that
contains sufficiently saturated permeable material to yield usable quantities
of groundwater to wells or springs.
(4) "Areas susceptible to mass movement"
means those areas of influence, characterized as having an active or
substantial possibility of mass movement, where the movement of earth material
at, beneath, or adjacent to the landfill unit, because of natural or human
induced events, results in the downslope transport of soil and rock material by
gravitational influence. Areas of mass movement include landslides, avalanches,
debris slides and flows, soil fluction, block sliding, and rock
falls.
(5) "Asbestos waste" means
friable asbestos, which is any material containing more than 1% asbestos as
determined using the method specified in Appendix A, 40 CFR Part 763.1, 2001
ed., which is incorporated by reference, that if dry, can be crumbled,
pulverized, or reduced to powder by hand pressure.
(6) "Background concentration" means the
concentration of a contaminant in groundwater upgradient or a lateral
hydraulically equivalent point from a facility, practice, or activity, and
which has not been affected by that facility, practice, or activity.
(7) "Class I Landfill" means a non commercial
landfill or a landfill that meets the definition found in Subsection
19-6-102(3)(b)(iii)
and is permitted by the director:
(a) to
receive for disposal:
(i) municipal solid
waste;
(ii) any other nonhazardous
solid waste, not otherwise limited by rule or solid waste permit; or
(iii) in conjunction with municipal solid
waste or other nonhazardous solid waste, waste from a very small quantity
generator of hazardous waste, as defined by Section
R315-260-10; and
(b) does not meet the standards of
Subsection R315-303-3(4)(e)(v).
(8) "Class II Landfill" means a non
commercial landfill or a landfill that is permitted by the director:
(a) to receive for disposal:
(i) municipal solid waste;
(ii) any other nonhazardous solid waste, not
otherwise limited by rule or solid waste permit; or
(iii) in conjunction with municipal solid
waste or other nonhazardous solid waste, waste from a very small quantity
generator of hazardous waste, as defined by Section
R315-260-10; and
(b) meets the standards of
Subsection R315-303-3(4)(e)(v).
(9) "Class III Landfill" means a non
commercial landfill that is permitted by the director to receive for disposal
only industrial solid waste.
(10)
"Class IV Landfill" means a non commercial landfill that is permitted by the
director to receive for disposal only:
(a)
construction or demolition waste;
(b) yard waste;
(c) inert waste;
(d) dead animals, as approved by the director
and upon meeting the requirements of Section
R315-315-6;
(e) waste tires and materials derived from
waste tires, upon meeting the requirements of Section
19-6-804 and Section
R315-320-3; and
(f) petroleum contaminated soils, upon
meeting the requirements of Subsection
R315-315-8(3).
(11) "Class V Landfill" means a commercial
nonhazardous solid waste disposal facility, as defined by Subsection
19-6-102(3), that
is permitted by the director to receive for disposal:
(a) municipal solid waste;
(b) any other nonhazardous solid waste, not
otherwise limited by rule or solid waste permit; and
(c) in conjunction with municipal solid waste
or other nonhazardous solid waste, waste from a very small quantity generator
of hazardous waste, as defined by Section
R315-260-10.
(12) "Class VI Landfill" means a commercial
nonhazardous solid waste landfill, as defined by Subsection
19-6-102(3), that
is permitted by the director to receive for disposal only:
(a) construction or demolition waste,
excluding waste from a very small quantity generator of hazardous waste, as
defined by Section R315-260-10;
(b) yard waste;
(c) inert waste;
(d) dead animals, as approved by the director
and upon meeting the requirements of Section
R315-315-6;
(e) waste tires and materials derived from
waste tires, upon meeting the requirements of Section
19-6-804 and Subsection
R315-320-3(1)
or R315-320-3(2);
and
(f) petroleum contaminated
soils, upon meeting the requirements of Subsection
R315-315-8(3).
(g) The owner or operator of a Class VI
Landfill may not receive for disposal:
(i)
hazardous waste;
(ii) construction
or demolition waste containing PCBs, except as allowed by Section
R315-315-7;
(iii) garbage;
(iv) municipal solid waste; or
(v) industrial solid
waste.
(h) The wastes
received at a Class VI Landfill may be further limited by a solid waste permit.
(13) "Class VII
Facility" means a nonhazardous solid waste management facility that is
permitted by the director for the treatment or disposal of exploration and
production waste.
(14) "Closed
facility" means any solid waste management facility that no longer receives
solid waste and has completed an approved closure plan, and any landfill where
an approved final cover has been installed.
(15) "Commercial solid waste" means any type
of solid waste generated by stores, offices, restaurants, warehouses, and other
nonmanufacturing activities, excluding household waste and industrial
wastes.
(16) "Composite liner"
means a liner system consisting of two components; the upper component
consisting of a synthetic flexible membrane liner, and the lower component
consisting of a layer of compacted soil. The composite liner shall have the
synthetic flexible membrane liner installed in direct and uniform contact with
the compacted soil component and be constructed of specified materials and
compaction to meet specified permeabilities.
(17) "Composting" means a method of solid
waste management whereby the organic component of the waste stream is
biologically decomposed under controlled aerobic conditions, at a temperature
of 140 degrees Fahrenheit, 60 degrees Celsius, or higher, for at least part of
each day of a consecutive seven day period, to a state where the end product or
compost can be handled, stored, or applied to the land without adversely
affecting human health or the environment.
(18) "Construction or demolition waste" means
solid waste from building materials, packaging, and rubble resulting from
construction, remodeling, repair, abatement, rehabilitation, renovation, and
demolition operations on pavements, houses, commercial buildings, and other
structures, including waste from a very small quantity generator of hazardous
waste, as defined by Section
R315-260-10, that may be
generated by these operations.
(a) This waste
may include:
(i) concrete, bricks, and other
masonry materials;
(ii) soil and
rock;
(iii) waste
asphalt;
(iv) rebar contained in
concrete; and
(v) untreated wood,
and tree stumps.
(b)
Construction or demolition waste does not include:
(i) friable asbestos;
(ii) treated wood; or
(iii) contaminated soils or tanks resulting
from remediation or clean up at any release or spill.
(19) "Contaminant" means any
physical, chemical, biological, or radiological substance or matter in water or
soil that is a result of human activity.
(20) "Displaced" or "displacement" means the
relative movement of any two sides of a fault measured in any
direction.
(21) "Drop box facility"
means a facility used for the placement of a large detachable container or drop
box for the collection of solid waste for transport to a solid waste disposal
facility. The facility includes the area adjacent to the containers for
necessary entrance, exit, unloading, and turn around areas. Drop box facilities
normally serve the general public with uncompacted loads and receive waste from
off-site. Drop box facilities do not include residential or commercial waste
containers on the site of waste generation.
(22) "Energy recovery" means the recovery of
energy in a usable form from incineration, burning, or any other means of using
the heat of combustion of solid waste that involves high temperature, above
1,200 degrees Fahrenheit, processing.
(23) "Existing facility" means any facility
that has:
(a) a current valid solid waste
permit or other valid approval issued under Rules R315-301 through R315-322 by
the director and received final approval to accept waste as required by
Subsection R315-301-5(1);
or
(b) had an active valid permit
or other valid approval from the Division of Oil, Gas, and Mining on October 1,
2023, for an oil and gas exploration and production waste management
facility.
(24) "Expansion
of a solid waste disposal facility" means any lateral expansion beyond the
property boundaries outlined in the permit application for the facility's
current operating permit.
(25)
"Facility" means the contiguous land, structures, other appurtenances, and
improvements on the land used for treating, storing, or disposing of solid
waste. A facility may consist of several treatment, storage, or disposal
operational units, for example, one or more incinerators, landfills, container
storage areas, or combinations of these.
(26) "Exploration and production waste" or
"E&P waste" means solid wastes that are intrinsically derived from primary
field operations associated with the exploration, development, or production of
crude oil or natural gas, but only to the extent the waste is exempt from
hazardous waste regulation according to Subsection
R315-261-4(b)(5).
(27) "Floodplain" means the land that has
been or may be covered by flood water that has a 1% chance of occurring any
given year. The flood is also referred to as the base flood or 100-year
flood.
(28) "Free liquids" means
liquids that readily separate from the solid portion of a waste under ambient
temperature and pressure or as determined by Test Method 9095B, Paint Filter
Liquids Test, as provided in EPA Publication SW-846, "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods" available at the US EPA
Hazardous Waste Test Methods/SW-846 website.
(29) "Garbage" means discarded animal and
vegetable wastes resulting from the handling, preparation, cooking and
consumption of food, and of a character and proportion as to be capable of
attracting or providing food for vectors. Garbage does not include sewage and
sewage sludge.
(30) "Groundwater"
means subsurface water that is in the zone of saturation including perched
groundwater.
(31) "Groundwater
quality standard" means a standard for maximum allowable contamination in
groundwater as set by Section
R315-308-4.
(32) "Hazardous waste" means hazardous waste
as defined by Subsection
19-6-102(9) and
Section R315-261-3.
(33) "High liquid waste" means nonhazardous
solid waste that is liquid in its natural state, contains free liquids, or is
expected to liquefy or vaporize under the circumstances that it is managed or
disposed.
(34) "Holocene fault"
means a fracture or zone of fractures where rocks on one side of the fracture
have been displaced with respect to those on the other side, which has occurred
in the most recent epoch of the Quaternary period extending from the end of the
Pleistocene, about 11,000 years ago, to the present.
(35) "Household size" means a container for a
material or product that is normally and reasonably associated with households
or household activities. The containers are of a size and design to hold
materials or products generally for immediate use and not for storage, five
gallons or less in size.
(36)
"Household waste" means any solid waste, including garbage, trash, and sanitary
waste in septic tanks, derived from households including single and multiple
residences, hotels, motels, bunkhouses, ranger stations, crew quarters,
campgrounds, picnic grounds, and day use recreation areas.
(37) "Incineration" means a controlled
thermal process that physically or chemically alters solid wastes into gas,
liquid, or solid residues that are also regulated solid wastes. Incineration
includes the thermal destruction of solid waste for energy recovery.
Incineration does not include smelting operations where metals are reprocessed
or the refining, processing, or burning of used oil for energy recovery as
described in Rule R315-15.
(38)
"Industrial solid waste" means any solid waste generated at a manufacturing or
other industrial facility that is not a hazardous waste or that is a hazardous
waste from a very small quantity generator of hazardous waste, as defined by
Section R315-260-10, generated by an
industrial facility. Industrial solid waste includes waste from the following
industries or resulting from the following manufacturing processes and
associated activities:
(a) electric power
generation;
(b) fertilizer or
agricultural chemical industries;
(c) food and related products or by-products
industries;
(d) inorganic chemical
industries;
(e) iron and steel
manufacturing;
(f) leather and
leather product industries;
(g)
nonferrous metals manufacturing or foundry industries;
(h) organic chemical industries;
(i) plastics and resins
manufacturing;
(j) pulp and paper
industry;
(k) rubber and
miscellaneous plastic product industries;
(l) stone, glass, clay, and concrete product
industries;
(m) textile
manufacturing;
(n) transportation
equipment manufacturing; and
(o)
water treatment industries.
(p)
This term does not include mining waste, oil and gas waste, or other waste
excluded by Subsection
19-6-102(19).
(39) "Industrial solid waste facility" means
a facility that receives only industrial solid waste from on-site or off-site
sources for disposal.
(40) "Inert
waste" means noncombustible, nonhazardous solid wastes that keep their physical
and chemical structure under expected conditions of disposal, including wastes
that exhibit resistance to biological or chemical change.
(41) "Landfill" means a disposal facility
where solid waste is or has been placed in or on the land and that is not a
landtreatment facility or surface impoundment.
(42) "Landtreatment, landfarming, or
landspreading facility" means a facility or unit within a facility where solid
waste is applied onto or incorporated into the soil surface for
biodegradation.
(43) "Lateral
expansion of the solid waste disposal area" means:
(a) any horizontal expansion of the waste
boundaries of an existing landfill cell, module, or unit;
(b) the construction of a new cell, module,
or unit within the boundaries outlined in the permit application of the current
facility operating permit; or
(c)
any horizontal expansion not consistent with past normal operating
practices.
(44) "Lateral
hydraulically equivalent point" means a point located hydraulically equal to a
facility and in the groundwater with similar geochemistry such that the
groundwater, at that point, has not been affected by the facility.
(45) "Leachate" means a liquid that has
passed through or emerged from solid waste and that may contain soluble,
suspended, miscible, or immiscible materials removed from the waste.
(46) "Lithified earth material" means any
rock, including any 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 human made materials, such as fill, concrete and asphalt, or
unconsolidated earth materials, soil, or regolith lying at or near the earth
surface.
(47) "Lower explosive
limit" means the lowest percentage by volume of a mixture of explosive gases
that will propagate a flame in air at 25 degrees Celsius, 77 degrees
Fahrenheit, and atmospheric pressure.
(48) "Maximum horizontal acceleration in
lithified earth material" means the maximum expected horizontal acceleration
depicted on a seismic hazard map, with a 90% or greater probability that the
acceleration will not be exceeded in 250 years, or the maximum expected
horizontal acceleration based on-site specific seismic risk
assessment.
(49) "Municipal solid
waste landfill" means a permitted nonhazardous solid waste landfill that may
receive municipal solid waste for disposal.
(50) "Municipal solid waste" means household
waste, nonhazardous commercial solid waste, and nonhazardous sludge.
(51) "New facility" means any facility that:
(a) has applied for a permit or other valid
approval issued under Rules R315-301 through R315-322 by the
director;
(b) did not have a permit
or other valid approval issued under Rules R315-301 through R315-322 or an
active valid permit or other valid approval from the Division of Oil, Gas, and
Mining on October 1, 2023, for an oil and gas exploration and production waste
management facility when the application was submitted; and
(c) has not received final approval to accept
waste as required by Subsection
R315-301-5(1).
(52) "Non-commercial solid waste management
facility" means a facility that is not a "commercial nonhazardous solid waste
treatment, storage, or disposal facility" as defined by Subsection
19-6-102(3).
(53) "Off-site" means any area that is
outside of the same or geographically continuous property that is defined as
"on-site".
(54) "On-site" means the
geographically contiguous property that may be divided by public or private
right-of-way, where the entrance and exit between the properties is at a cross
roads intersection, and access is by crossing, as opposed to going along the
right-of-way. Property separated by a private right-of-way, which the site
owner or operator controls and the public cannot access, is also considered
on-site property.
(55) "Operator"
means the person, as defined by Subsection
19-1-103(4),
responsible for the overall operation of a facility.
(56) "Owner" means the person, as defined by
Subsection
19-1-103(4), who
has an ownership interest in a facility or part of a facility.
(57) "PCB" or "PCBs" means any chemical
substance that is limited to the biphenyl molecule that has been chlorinated to
varying degrees or any combination of materials that contain these
substances.
(58) "Permeability"
means the ability of a porous material to allow water and the solutes contained
therein to flow through it. This is usually expressed in units of centimeters
per second (cm/sec) and termed hydraulic conductivity. Soils and synthetic
liners with a permeability for water of 1 x 10-7
cm/sec or less may be considered impermeable.
(59) "Permit" means the plan approval as
required by Subsection
19-6-108(3)(a),
or equivalent control document issued by the director to implement the
requirements of the Utah Solid and Hazardous Waste Act.
(60) "Pile" means any noncontainerized
accumulation of solid waste that is used for treatment or storage.
(61) "Poor foundation conditions" means those
areas where features exist that indicate that a natural or human induced event
may result in inadequate foundation support for the structural components of a
landfill unit.
(62) "Putrescible
waste" means solid waste that contains organic matter capable of being
decomposed by microorganisms and of a character and proportion as to be capable
of attracting or providing food for vectors including birds and
mammals.
(63) "Qualified
groundwater scientist" means a scientist or engineer who has received a
baccalaureate or post graduate degree in the natural sciences or engineering
and has sufficient training and experience in groundwater hydrology and related
fields as may be demonstrated by state registration, professional
certification, or completion of accredited university programs that enable that
individual to make sound professional judgments regarding groundwater
monitoring, contaminant fate and transport, and corrective action.
(64) "Recycling" means extracting valuable
materials from the waste stream and transforming or remanufacturing them into
usable materials that have a demonstrated or potential market.
(a) Recycling does not include processes that
generate a volume of material so large that no market exists for the
material.
(b) Any part of the waste
stream entering a recycling facility and subsequently returning to a waste
stream or being otherwise disposed has the regulatory designation of the
original waste.
(c) Recycling
includes the substitution of nonhazardous solid waste fuels for conventional
fuels, such as coal, natural gas, and petroleum products, to generate the heat
necessary to manufacture a product.
(65) "Recyclable materials" means those solid
wastes that can be recovered from or otherwise diverted from the waste stream
for recycling, such as metals, paper, glass, and plastics.
(66) "Run-off" means any rainwater, leachate,
or other liquid that has contacted solid waste and drains over land from any
part of a facility.
(67) "Run-on"
means any rainwater, leachate, or other liquid that drains over land onto the
active area of a facility.
(68)
"Scavenging" means the unauthorized removal of solid waste from a
facility.
(69) "Seismic impact
zone" means an area with a 10% or greater probability that the maximum
horizontal acceleration in lithified earth material, expressed as a percentage
of the earth's gravitational pull, will exceed 0.10g in 250 years.
(70) "Septage" means a semisolid consisting
of settled sewage solids combined with varying amounts of water and dissolved
materials generated from septic tank systems.
(71) "Sharps" means any discarded or
contaminated article or instrument from a health facility that may cause
puncture or cuts. This waste may include needles, syringes, blades, needles
with attached tubing, pipettes, pasteurs, broken glass, and blood
vials.
(72) "Sludge" means any
solid, semisolid, or liquid waste, including grit and screenings generated
from:
(a) municipal, commercial, or industrial
wastewater treatment plants;
(b)
water supply treatment plants;
(c)
car wash facilities;
(d) air
pollution control facilities; or
(e) any other waste having similar
characteristics.
(73)
"Solid waste disposal facility" means a landfill, incinerator, landtreatment
facility, or a solid waste surface impoundment.
(74) "Solid waste incinerator facility" means
a facility that receives solid waste from on-site or off-site sources and
subjects the waste to the incineration process. An incinerator facility that
incinerates solid waste for any reason, including energy recovery, volume
reduction, or to make it non infectious, is a solid waste incinerator facility
and is subject to Rules R315-301 through R315-322.
(75) "Solid waste surface impoundment" means
a solid waste management facility or any part of a solid waste management
facility that is a natural topographic depression, human-made excavation, or a
diked area that is designed to hold nonhazardous high liquid waste, leachate,
or sludge, to dispose of, reduce the volume of, or otherwise separate or treat
the waste. A solid waste surface impoundment does not include a surface
impoundment that is:
(a) operated in
connection with a permitted underground injection well;
(b) regulated under the authority of the
Board of Oil, Gas, and Mining;
(c)
used to manage storm water or is otherwise regulated under the authority of the
Water Quality Board;
(d) regulated
under Section R315-319-53; or
(e) a hazardous waste surface impoundment
regulated under Rules R315-264 or R315-265.
(76) "Special waste" means discarded solid
waste that may require special handling or other solid waste that may pose a
threat to public safety, human health, or the environment.
(a) Special waste may include:
(i) ash;
(ii) automobile bodies;
(iii) furniture and appliances;
(iv) infectious waste;
(v) waste tires;
(vi) dead animals;
(vii) asbestos;
(viii) waste exempt from the hazardous waste
rules under Section R315-261-4;
(ix) very small quantity generator hazardous
waste as defined by Section
R315-260-10;
(x) waste containing PCBs;
(xi) petroleum contaminated soils;
(xii) waste asphalt; and
(xiii) sludge.
(b) Special waste shall be handled and
disposed according to the requirements of Rule R315-315.
(77) Reserved.
(78) "Structural components" means liners,
leachate collection systems, final covers, run-on or run-off systems, and any
other component used in the construction and operation of a landfill that is
necessary for the protection of human health and the environment.
(79) "Transfer station" means a permanent,
fixed, supplemental collection and transportation facility that is staffed by a
minimum of one employee of the owner or operator during hours of operation and
is used by persons and route collection vehicles to deposit collected solid
waste from off-site into a transfer vehicle for transport to a solid waste
handling or disposal facility.
(80)
"Transport vehicle" means a vehicle capable of hauling solid waste such as a
truck, packer, or trailer that may be used by refuse haulers to transport solid
waste from the point of generation to a transfer station or a disposal
facility.
(81) "Treated wood" means
any wood item that has been treated with the following or compounds containing
the following:
(a) creosote or related
compounds;
(b) arsenic;
(c) chromium; or
(d) copper.
(82) "Twenty-five year storm" means a 24-hour
storm of the intensity that it has a 4% probability of being equaled or
exceeded any given year. The storm could result in what is referred to as a
25-year flood.
(83) "Unit" or
"Solid Waste Management Unit" means a distinct operational storage, treatment,
or disposal area at a solid waste management facility that contains the
features to make it capable of performing its intended function and of being
closed as a separate entity.
(84)
"Unit boundary" means a vertical surface located at the hydraulically
downgradient limit of a landfill unit or other solid waste disposal facility
unit that is required to monitor groundwater. This vertical surface extends
down into the groundwater.
(85)
"Unstable area" means a location that is susceptible to natural or human
induced events or forces capable of impairing the integrity of the structural
components of a solid waste management facility that are intended to prevent
releases from the facility. Unstable areas can include poor foundation
conditions, areas susceptible to mass movements, and karst terrains.
(86) "Vadose zone" means the zone of aeration
including soil and capillary water. The zone is bound above by the land surface
and below by the water table.
(87)
"Vector" means a living animal including insect or other arthropod that is
capable of transmitting an infectious disease from one organism to
another.
(88) "Washout" means the
carrying away of solid waste by waters of a base or 100-year flood.
(89) "Waste tire storage facility" or "waste
tire pile" means any site where more than 1,000 waste tires or 1,000 passenger
tire equivalents are stored on the ground.
(a)
A waste tire storage facility includes:
(i)
whole waste tires used as a fence;
(ii) whole waste tires used as a windbreak;
and
(iii) waste tire generators
where more than 1,000 waste tires are held.
(b) A waste tire storage facility does not
include:
(i) a site where waste tires are
stored exclusively in buildings or in trailers;
(ii) if whole waste tires are stored for five
or fewer days, the site of a registered tire recycler or a processor for a
registered tire recycler;
(iii) a
permitted solid waste disposal facility that stores whole tires in piles for
not longer than one year;
(iv) a
staging area where tires are temporarily placed on the ground, not stored, to
accommodate activities such as sorting, assembling, or loading or unloading of
trucks; or
(v) a site where waste
tires or material derived from waste tires are stored for five or fewer days
and are used for ballast to maintain covers on agricultural materials or to
maintain covers at a construction site or are to be recycled or applied to a
beneficial use.
(c) Tires
attached to a vehicle are not considered waste tires until they are removed
from the vehicle.
(90)
"Wetlands" means those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and under normal
conditions do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas.
(91) "Yard
waste" means vegetative matter resulting from landscaping, land maintenance,
and land clearing operations including grass clippings, prunings, and other
discarded material generated from yards, gardens, parks, and similar types of
facilities. Yard waste does not include garbage, paper, plastic, processed
wood, sludge, septage, or manure.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.