Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of these rules and regulations, the following
				  words and phrases shall have the meanings ascribed to them in this rule and as
				  ascribed by law unless the context of the regulations indicate
				  differently.
(1) Act - the "Solid
				Wastes and Recyclable Materials Management Act", Act No. 151, Regular Session
				2008 as amended (formerly the "Solid Waste Disposal Act, Act No. 771 Regular
				Session, 1969, as amended by Act No. 2247 Regular Session, 1971)
Code of Ala. 1975
, §
									22-27-1
et.
				seq
.
(2) Active Life -
				the period of operation beginning with the initial receipt of solid waste and
				ending at completion of closure activities in accordance with the applicable
				requirements of rule
				335-13-4-.20.
(3) Active Portion (or Active Footprint) -
				that part of a facility or unit that has received, is receiving, or is
				authorized and maintained as capable to receive wastes, and that has not been
				closed in accordance with the applicable requirements of rule
				335-13-4-.20.
(4) Adjacent Property Owner - an owner whose
				property is adjacent to a proposed site.
(5) Agency - any controlling agency, public
				or private, elected, appointed or volunteer utilizing methods approved by the
				Health Department or the Department for the purpose of controlling and
				supervising the collection or management of solid wastes or recyclable
				materials.
(6) Airport - public-use
				airport open to the public without prior permission and without restrictions
				within the physical capacities of available facilities.
(7) Alternative cover - material other than
				earth used to cover a landfill or sanitary landfill. An alternative cover shall
				be approved by the Department in compliance with federal law and the USEPA
				rules for guidance to achieve a level of performance equal to or greater than
				earthen cover material.
(8) Ambient
				- normal atmospheric conditions.
(9) Annular Space of a Well - the space
				between the bore hole and the casing.
(10) Aquifer - a geologic formation, group of
				formations or part of a formation capable of yielding a significant amount of
				groundwater to wells, springs or waters of the State.
(11) Areas Susceptible To Mass Movement -
				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 landfill unit, because of natural or
				man-induced events, results in the downslope 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
				fluctuation, block sliding, and rock fall.
(12) Ashes - the solid residue from burning
				of wood, coal, coke or other combustible material used for heating, the burning
				or incineration of solid wastes, or for the production of electricity at
				electric generating plants.
(13)
				ASTM International - American Society for Testing and Materials International.
				A not-for-profit standards development company with headquarters located at 100
				Barr Harbor Drive (PO Box C700) in West Conshohocken, Pennsylvania, 19428-2959,
				which develops and publishes technical standards for materials, products,
				systems, and serv.
(14) Beach - For
				this definition, refer to Division 8 of the ADEM Administrative Code.
(15) Bird Hazard - an increase in the
				likelihood of bird/aircraft collisions that may cause damage to the aircraft or
				injury to its occupants.
(16)
				Bladeable - the physical condition of a sludge or similar waste. Physical
				conditions include, but are not limited to, the absence of free liquids and of
				a consistency that can be easily managed by heavy equipment normally utilized
				at a landfill unit.
(17) Bore Hole
				- a man-made hole in a geological formation which has been drilled, jetted,
				driven or made by other similar techniques.
(18) CCR unit - any CCR landfill, CCR surface
				impoundment, or lateral expansion of a CCR unit, or a combination of more than
				one of these units, based on the context of the paragraph(s) in which it is
				used. This term includes both new and existing units, unless otherwise
				specified.
(19) Cell - a volume of
				compacted solid waste that is covered by means of compacted earth or some other
				approved alternative cover usually on a daily or weekly basis in a landfill
				unit.
(20) Certification - a
				statement of professional opinion based upon knowledge and belief.
(21) CFR - Code of Federal
				Regulations.
(22) Closure - the
				process by which a landfill unit permanently ceases to accept waste, to include
				those actions taken by the permittee or owner of the facility to prepare the
				site for post-closure monitoring and maintenance or to make it suitable for
				other uses.
(23) Coal Combustion
				By-products - fly ash, bottom ash, boiler slag, or flue gas emission control
				by-products which result primarily from the combustion of coal or other fossil
				fuels at electric generating plants.
(24) Coastal Area - for this definition,
				refer to Division 8 of the ADEM Administrative Code.
(25) Coastal Waters - those waters adjacent
				to the shoreline, which contain a measurable quantity or percentage of
				seawater, including but not limited to, sounds, bays, lagoons, bayous, ponds
				and estuaries.
(26) Commercial
				Solid Waste - all types of solid waste generated by stores, offices,
				restaurants, warehouses, and other nonmanufacturing activities, excluding
				residential and industrial wastes.
(27) Composite Liner - a system consisting of
				two components; the upper component must consist of a minimum 40 mil flexible
				membrane liner (FML), and the lower component must consist of at least a
				two-foot layer of compacted soil with a hydraulic conductivity of no more than
				1 x 10-7 cm/sec. FML components consisting of High
				Density Polyethylene (HDPE) shall be at least 60 mil thick. The FML component
				must be installed in direct and uniform contact with the compacted soil
				component.
(28) Composting or
				Compost Plant - an officially controlled method or operation whereby
				putrescible solid wastes are broken down through microbic action to a material
				offering no hazard or nuisance factors to public health or
				well-being.
(29)
				Construction/Demolition-Inert Landfill Unit (C/DLF) - a discrete area of land
				or an excavation that receives construction/demolition waste, and/or rubbish
				and/or water treatment (alum) sludge, foundry waste meeting rule
				335-13-4-.26(3),
				and that is not a land application unit, surface impoundment, or injection well
				as those terms are defined in this rule.
(30) Construction/Demolition Waste - waste
				building materials, packaging, and rubble resulting from construction,
				remodeling, repair, or demolition operations on houses, commercial buildings,
				and other structures. Such wastes include, but are not limited to, masonry
				materials, sheet rock, roofing waste, insulation (not including asbestos),
				scrap metal, and wood products. Uncontaminated concrete, soil, brick, waste
				asphalt paving, ash resulting from the combustion of untreated wood, rock, and
				similar materials are excluded from this definition.
(31) Contingency Plan - a document setting
				out an organized, planned and coordinated course of action to be followed in
				case of a fire, explosion or release of solid waste which could threaten human
				health or the environment.
(32)
				Cover - soil or alternative material approved by the Department that is used to
				cover compacted solid waste in a landfill unit.
(33) Decontamination - a process of reducing
				or eliminating the presence of harmful substances, such as infectious agents,
				so as to reduce the likelihood of disease transmission from those
				substances.
(34) Department - the
				Alabama Department of Environmental Management as established by
Code of Ala. 1975
, §
									22-22A-4.
(35) Destruction or Adverse Modification - a
				direct or indirect alteration of critical habitat which appreciably diminishes
				the likelihood of the survival and recovery of threatened or endangered species
				using that habitat.
(36) Director -
				the Director of the Alabama Department of Environmental Management, appointed
				pursuant to
Code of Ala. 1975
, §
									22-22A-4, or his or her
				designee.
(37) Discarded Material -
				material thrown away, abandoned, disposed of, or otherwise given up without
				intent to reuse, recycle or reclaim.
(38) Discharge - the accidental or
				intentional spilling, leaking, pumping, emitting, emptying, or dumping of solid
				waste, including leachate, into or on any land or water.
(39) Disease Vector - an organism that is
				capable of transmitting a disease from one host to another.
(40) Displacement - the relative movement of
				any two sides of a fault measured in any direction.
(41) Disposal - the discharge, deposit,
				injection, dumping, spilling, leaking or placing of any solid waste into or on
				any land or water so that the waste or any constituent thereof may enter the
				environment or be emitted into the air or discharged into any waters,
				including, but not limited to, ground waters.
(42) Disposal Area - that portion of the
				facility that is designated for disposal, as defined in
				335-13-1-.03.
(43) Drill Cuttings - solid materials
				generated by subsurface drilling operations.
(44) Dune - (see definition of primary dune
				system)
(45) Endangered or
				Threatened Species - any species listed as such pursuant to Section 4 of the
				Endangered Species Act of 1973, as amended.
(46) Electric Generating Plants - an
				industrial site, or that portion of an industrial site, that produces
				electricity, to be used either on-site or off-site.
(47) Engineer - a person currently registered
				as a professional engineer with the State of Alabama Board of Registration for
				Professional Engineers and Land Surveyors.
(48) Explosive Gas - a gas that is explosive
				under ordinary conditions as used herein generally refers to methane
				(CH4).
(49) Facility - all
				contiguous land, structures and other appurtenances used for the processing,
				treatment, storage or disposal of solid waste, or the recovery of recyclable
				materials from solid waste, whether or not authorized or permitted, including,
				but not limited to, waste disposal areas and waste disposed therein.
(50) Facility Structures - any buildings and
				sheds or utility or drainage lines on the facility.
(51) Fault - 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.
(52) Financial Assurance - a financial
				arrangement by the owner or operator of a municipal solid waste landfill which
				guarantees the availability of funds which may be used to close, provide
				post-closure care, or conduct corrective action at that facility if the owner
				or operator fails to properly execute his or her responsibilities under this
				article and any rules promulgated by the Department for closure, post-closure
				care, or corrective action and the terms of any permit issued for operation of
				that facility.
(53) Floodplain -
				the lowland and relatively flat areas adjoining inland and coastal waters,
				including flood prone areas of offshore islands, which are inundated by the
				100-year flood.
(54) Foundry Waste
				- waste, including but not limited to, slag, sand, baghouse dust, etc.
				generated from foundry smelting and metal casting processes.
(55) Free Liquids - liquids which readily
				separate from the solid portion of a waste under ambient temperature and
				pressure as determined by the Paint Filter Test referenced in USEPA Publication
				SW-846, Method 9095.
(56) Garbage -
				putrescible animal and vegetable waste resulting from the handling,
				preparation, cooking and consumption of food, including, but not limited to,
				waste from markets, storage facilities, handling and sale of produce and other
				food products and excepting such materials that may be serviced by garbage
				grinders and handled as household sewage.
(57) Gas Condensate - the liquid generated as
				a result of the gas collection and recovery process at the landfill
				unit.
(58) Generation - the act or
				process of producing solid waste. Solid waste shall be considered to be
				generated at the point that waste materials are first discarded or collected,
				regardless of any subsequent materials recovery or recycling.
(59) Generator - any person who utilizes any
				process or conducts any activity which results in the production of solid
				waste.
(60) Groundwater - water
				below the land surface in the zone of saturation.
(61) Hazardous constituents - those
				substances listed in 335-14-2 Appendix VIII and/or 335-14-5 Appendix IX and
				include hazardous constituents released from solid waste, hazardous waste, or
				hazardous waste constituents that are reaction by-products.
(62) Hazardous Waste - those wastes defined
				in, and regulated under, Division 14 of the ADEM Administrative Code.
(63) Health Department - an approved county
				or district health department, including the Alabama State Department of Public
				Health and the affected state and county health department.
(64) Health Officer - the State or affected
				county health officer or his or her designee.
(65) Holocene - the most recent epoch of the
				Quaternary period, extending from the end of the Pleistocene Epoch, at 11,700
				years before present, to the present.
(66) Household Waste - any solid waste,
				including, but not limited to, garbage, trash, and sanitary waste in septic
				tanks derived from households, including single and multiple residences, hotels
				and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
				grounds, and day-use recreation areas. Sanitary waste in septic tanks shall be
				considered as household waste only when it is disposed in a landfill or
				unauthorized dump and its inclusion as a household waste shall in no way
				prohibit or supersede the authority of the Department or the Health Department
				to regulate onsite sewage systems or the management of sanitary waste in septic
				tanks.
(67) Incinerator or
				Combustion Unit - a device designed to burn that portion of garbage and rubbish
				which will be consumed at temperatures generally ranging 1600 degrees
				Fahrenheit or over. The unburned residue from an incinerator, including metal,
				glass, and the like shall be called ashes.
(68) Industrial Landfill (ILF) Unit - a
				discrete area of land or an excavation that receives industrial solid waste and
				may in addition receive construction/demolition waste and/or rubbish and that
				is not a land application unit, surface impoundment, injection well, or waste
				pile, as those terms are defined in this rule.
(69) Industrial Solid Waste - solid waste
				generated by manufacturing or industrial processes that is not a hazardous
				waste regulated under Chapters 22 to 30, inclusive, of Title 22,
Code of Ala. 1975
, and the regulations promulgated
				thereunder.
(70) Infectious Agent -
				any organism (such as a virus or a bacterium) that is capable of causing
				disease or adverse health impacts in humans by invasion and multiplication in
				body tissues, fluids or secretions.
(71) Injection Well - a bored, drilled, or
				driven shaft or dug hole which is used for the injection of
				pollutants.
(72) Innocent Landowner
				- an owner of real property upon which there is located an unauthorized dump
				and who meets all of the following conditions:
(a) The solid waste was disposed of on the
				property after the owner acquired title to the property or the waste was
				disposed of before the owner acquired title to the property and the owner
				lacked actual knowledge of the waste after conducting reasonable due diligence
				or title was acquired by bequest or devise.
(b) The owner did not have knowledge that the
				waste was being disposed of on the property or the owner took steps, including,
				but not limited to, posting signs to prevent disposal on the
				property.
(c) The owner did not
				participate in or consent to the disposal of solid waste on the
				property.
(d) The owner did not
				receive any financial benefit from the disposal of solid waste on the
				property.
(e) Title to the property
				was not transferred to the owner for the purpose of evading liability for
				operating an unauthorized dump.
(f)
				The person or persons responsible for disposing of the solid waste on the
				property, in doing so, was not acting as an agent for the owner.