California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 10 - Hazardous Waste Management System: General › Article 2 - Definitions › Section 66260.10 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When used in this division, the following terms have the
					 meanings given below:
"Aboveground tank" means a device meeting the definition of
					 "tank" in section
					 66260.10 and that is situated in
					 such a way that the entire surface area of the tank is completely above the
					 plane of the adjacent surrounding surface and the entire surface area of the
					 tank (including the tank bottom) is able to be visually inspected.
"Accidental occurrence" means an accident, including
					 continuous or repeated exposure to conditions, which results in bodily injury,
					 property damage or environmental degradation neither expected nor intended from
					 the standpoint of the insured.
"Accumulated speculatively" means that a material is
					 accumulated before being recycled. A material is not accumulated speculatively,
					 however, if the person accumulating it can show that the material is
					 potentially recyclable and has a feasible means of being recycled; and that,
					 during the calendar year (commencing on January 1), the amount of material that
					 is recycled, or transferred to a different site for recycling, equals at least
					 75 percent by weight or volume of the amount of that material accumulated at
					 the beginning of the period. In calculating the percentage of turnover, the 75
					 percent requirement is to be applied to each material of the same type (e.g.,
					 slags from a single smelting process) that is recycled in the same way (i.e.,
					 from which the same material is recovered or that is used in the same way).
					 Materials accumulating in units that would be exempt from regulation under
					 section 66261.4(c) are
					 not to be included in making the calculation. (Materials that are already
					 defined as wastes also are not to be included in making the calculation.)
					 Materials are no longer in this category once they are removed from
					 accumulation for recycling, however.
"Active life" or "Operating life" of a facility means the
					 period from the initial receipt of hazardous waste at the facility until the
					 Department receives certification of final closure.
"Active portion" means that portion of a facility where
					 transfer, treatment, storage or disposal operations are being or have been
					 conducted after November 19, 1980 and which is not a closed portion.
"Activity" means any activity that is subject to regulation
					 under this division.
"Acute aquatic 96-hour LC50" means
					 the concentration of a substance or mixture of substances in water, in
					 milligrams per liter, which produces death within 96 hours in half of a group
					 of at least 10 test fish.
"Acute dermal LD50" means the dose
					 of a substance or mixture of substances, in milligrams per kilogram of test
					 animal body weight, which, when applied continuously to the bare skin for 24
					 hours, produces death within 14 days in half of a group of 10 or more
					 rabbits.
"Acute inhalation LCLO" means the
					 lowest concentration of a substance or mixture of substances in air, other than
					 acute inhalation LD50 in parts per million by volume if
					 the substance or mixture of substances is a gas or vapor, reported to have
					 caused death in humans or animals.
"Acute inhalation LC50" means the
					 concentration of a substance or mixture of substances in air, in parts per
					 million by volume if the substance or mixture of substances is a gas or vapor,
					 which when inhaled continuously for 8 hours by a group of 10 or more laboratory
					 white rats, each weighing between 200 and 300 grams, produces death in half the
					 group within 14 days.
"Acute LDLO" means the lowest dose,
					 other than an acute LD50 of a substance or mixture of
					 substances, in milligrams per kilogram body weight introduced orally or
					 dermally over any given period of time in one or more divided portions and
					 reported to have caused death in humans or animals.
"Acute oral LD50" means the dose of
					 a substance or mixture of substances, in milligrams per kilogram of test animal
					 body weight, which, when administered orally as a single dose, produces death
					 within 14 days in half of a group of 10 or more laboratory white rats which
					 have fasted for 24 hours immediately prior to administration of the dose, and
					 which weigh between 200 and 300 grams each.
"Acute toxicity" Means the ability of a substance or
					 mixture of substances to cause injury, illness or damage to humans, animals or
					 other living organisms by a single exposure of a duration measured in seconds,
					 minutes, hours or days or, in the case of oral ingestion, by a single
					 dose.
"Acute hazardous waste" see "Acutely hazardous
					 waste."
"Acutely hazardous waste" or "Acute hazardous waste" means
					 hazardous wastes that meet the listing criteria in section 261.11(a)(2) of 40
					 Code of Federal Regulations and therefore are either listed in section
					 66261.31 with the assigned hazard
					 code of (H) or are listed in section
					 66261.33(e) of
					 this division.
"Administrator" see "USEPA Administrator."
"Admitted carrier" means an insurance company entitled to
					 transact the business of insurance in this state, having complied with the laws
					 imposing conditions precedent to transactions of such business.
"AES filing compliance date" means the date that U.S. EPA
					 announces in the Federal Register, on or after which exporters of hazardous
					 waste and exporters of cathode ray tubes for recycling are required to file
					 U.S. EPA information in the Automated Export System or its successor system,
					 under the International Trade Data System (ITDS) platform.
"Affected medium" means any medium (e.g., ground water,
					 surface water or the unsaturated zone) that has been affected by a release from
					 a regulated unit.
For the purposes of chapters 14 and 15, "Air stripping
					 operation" is a desorption operation employed to transfer one or more volatile
					 components from a liquid mixture into a gas (air) either with or without the
					 application of heat to the liquid. Packed towers, spray towers, and bubble-cap,
					 sieve, or valve-type plate towers are among the process configurations used for
					 contacting the air and a liquid.
"Airbag waste" means any hazardous waste airbag modules or
					 hazardous waste airbag inflators.
"Airbag waste collection facility" means any facility that
					 receives airbag waste from airbag waste handlers in compliance with section
					 66261.4(j) of
					 this division and accumulates the waste for more than ten days.
"Airbag waste handler" means any person, by site, who
					 generates airbag waste, as defined in section
					 66260.10 of this division, that is
					 subject to regulation under this division.
"Ancillary equipment" means any device including, but not
					 limited to, such devices as piping, fittings, flanges, valves and pumps, that
					 is used to distribute, meter or control the flow of hazardous waste from its
					 point of generation to a storage or treatment tank(s), between hazardous waste
					 storage and treatment tanks to a point of disposal onsite, or to a point of
					 shipment for disposal offsite.
"Applicant" means a person who applies to the Department or
					 to the USEPA for a permit, registration, certification or permission to take
					 specified action, pursuant to the provisions of this division.
"Application" means
(a) the USEPA standard national forms for
				  applying for a permit (Form EPA 8700-23, Revised 1/90) and the information
				  required by the Department under sections
				  66270.14 through
				  66270.29 (contents of Part B of
				  the application); or
(b) the forms
				  approved by the Department for applying for registration as a hazardous waste
				  hauler. These forms are:
Form DTSC 187, revised 2/92: Hazardous Waste Hauler
					 Application
Form DTSC 8025, revised 2/92: Application for
					 Vehicle/container inspection
Form DTSC 8038, revised 2/93: Certificate of
					 insurance
Form DHS 8430, revised 3/89: Disclosure Statement
"Aquifer" means a geologic formation, group of formations
					 or part of a formation capable of yielding a significant amount of ground water
					 to wells or springs.
"Assets" means all existing and all probable future
					 economic benefits obtained or controlled by a particular entity.
"Authorized agency" means, in a jurisdiction where there is
					 no CUPA, the agency authorized to continue its role, responsibilities and
					 authority pursuant to section
					 25404.3
					 of the Health and Safety Code to implement and enforce the requirements
					 identified in paragraph (1) of subdivision (c) of section
					 25404
					 of the Health and Safety Code. In those instances when the Department is the
					 authorized agency, the Department is not limited from exercising any authority
					 it otherwise has under the Health and Safety Code and Title 22 of the
					 California Code of Regulations.
"Authorized representative" means the person responsible
					 for the overall operation of a facility or an operational unit (i.e., part of a
					 facility), e.g., the plant manager, superintendent or person of equivalent
					 responsibility.
"Average volatile organic concentration" or "average VO
					 concentration" means the mass-weighted average volatile organic concentration
					 of a hazardous waste as determined in accordance with the requirements of
					 section 66265.1084.
"Background monitoring point" means a well, device or
					 location specified in the facility permit at which monitoring for background
					 water, soil, air or soil-vapor quality is conducted.
"Bioaccumulative toxic substance" means a toxic substance
					 that concentrates in living organisms through direct assimilation or food chain
					 accumulation.
"Bodily Injury" means
(a) any injury that causes physical pain,
				  illness or any impairment of physical condition; or
(b) for the purposes of chapter 13 of this
				  division, "bodily injury" means injury to the body, sickness or disease to any
				  person, including death resulting from any of these.
"Boiler" means an enclosed device using controlled flame
					 combustion and having the following characteristics:
(a)
(1) the
				  unit must have physical provisions for recovering and exporting thermal energy
				  in the form of steam, heated fluids or heated gases; and
(2) the unit's combustion chamber and primary
				  energy recovery section(s) must be of integral design. To be of integral
				  design, the combustion chamber and the primary energy recovery section(s) (such
				  as waterfalls and superheaters) must be physically formed into one manufactured
				  or assembled unit. A unit in which the combustion chamber and the primary
				  energy recovery section(s) are joined only by ducts or connections carrying
				  flue gas is not integrally designed; however, secondary energy recovery
				  equipment (such as economizers or air preheaters) need not be physically formed
				  into the same unit as the combustion chamber and the primary energy recovery
				  section. The following units are not precluded from being boilers solely
				  because they are not of integral design: process heaters (units that transfer
				  energy directly to a process stream), and fluidized bed combustion units;
				  and
(3) while in operation, the
				  unit must maintain a thermal energy recovery efficiency of at least 60 percent,
				  calculated in terms of the recovered energy compared with the thermal value of
				  the fuel; and
(4) the unit must
				  export and utilize at least 75 percent of the recovered energy, calculated on
				  an annual basis. In this calculation, no credit shall be given for recovered
				  heat used internally in the same unit. (Examples of internal use are the
				  preheating of fuel or combustion air, and the driving of induced or forced
				  draft fans or feedwater pumps); or