Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-1 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Section 335-14-1-.02 - Definitions And References

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Definitions.
(a) For the purpose of these
				rules, the following words and phrases shall have the meanings given to them in
				this rule and as given by law unless the context of ADEM Administrative Code
				335-14 indicates differently.
1. "Aboveground
				tank" means a device meeting the definition of "tank" in
				335-14-1-.02 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.
2. "Aboveground used oil tank" means a tank
				used to store or process used oil that is not an underground storage tank as
				defined in rule
				335-6-15-.02.
3. "Accumulated speculatively" or
				"Speculative accumulation" means a material that 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. Materials must be placed in a storage unit with a label indicating
				the first date that the material began to be accumulated. If placing a label on
				the storage unit is not practicable, the accumulation period must be documented
				through an inventory log or other appropriate method. 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
				335-14-2-.01(4)(c)
				are not to be included in making the calculation. Materials that are already
				defined as solid 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.
(i) A
				material is not accumulated speculatively, however, if the person accumulating
				it can show that:
(I) the material is managed
				in lined waste pile(s) which meet(s) the requirements of
				335-14-5-.12 or tank(s) or
				container(s) as those terms are defined in 335-14;
(II) the material is potentially recyclable
				and has a feasible means of being recycled; and
(III) 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
				335-14-2-.01(4)(c)
				are not included in making the calculation. Materials that are already defined
				as solid 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.]
(ii) Notwithstanding the preceding
				requirements, pulping liquors (i.e., black liquor) subject to the exclusion
				provided by
				335-14-2-.01(4)(a)6.
				are not required to be managed in lined waste pile(s) which meet(s) the
				requirements of
				335-14-5-.12 or tank(s) or
				container(s) as those terms are defined in 335-14.
4. "Active 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.
5. "Active portion" means that portion of a
				facility where treatment, storage, or disposal operations are being or have
				been conducted after November 19, 1980 and which is not a closed portion. (See
				also "closed portion" and "inactive portion".)
6. "Active range" for the purposes of
				335-14-7-.13 means a military
				range that is currently in service and is being regularly used for range
				activities.
7. "Acute hazardous
				waste" means hazardous wastes that meet the listing criteria in
				335-14-2-.02(2)(a)2.
				and therefore are either listed in
				335-14-2-.04(2)
				with the assigned hazard code (H) or are listed in
				335-14-2-.04(4)(e).
8. "ADEM" means the Alabama Department of
				Environmental Management as established by
Code of Ala.
				1975
, §
											22-22A-4.
9. "Adequate notification" for the purposes
				of 335-14-3-.08 means one meeting
				the requirements of
				335-14-3-.08(5)(a)
				for each waste stream. An adequate notification shall be made for each
				individual waste stream from each generator.
10. "Administrator" means the Administrator
				of EPA or his designee.
11.
				"Aerosol can" means a non-refillable receptacle containing a gas compressed,
				liquefied, or dissolved under pressure, the sole purpose of which is to expel a
				liquid, paste, or powder and fitted with a self-closing release device allowing
				the contents to be ejected by the gas.
12. "Agreement State" for the purposes of
				335-14-7-.14 means a State that
				has entered into an agreement with the NRC under subsection 274b of the Atomic
				Energy Act of 1954, as amended (68 Stat. 919), to assume responsibility for
				regulating within its borders byproduct, source, or special nuclear material in
				quantities not sufficient to form a critical mass.
13. "AHWMMA" means the Alabama Hazardous
				Wastes Management and Minimization Act of 1978, as amended,
Code of
				Ala. 1975
, §§
											22-30-1,
et
				seq
.
14. "Airbag
				waste" means any hazardous waste airbag modules or hazardous waste airbag
				inflators.
15. "Airbag waste
				collection facility" means any facility that receives airbag waste from airbag
				handlers subject to regulation under
				335-14-2-.01(4)(j),
				and accumulates the waste for more than ten days.
16. "Airbag waste handler" means any person,
				by site, who generates airbag waste that is subject to regulation under
				335-14.
17. "Ampule" means an
				airtight vial made of glass, plastic, metal, or any combination of these
				materials.
18. "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
				off-site.
19. "Annual" means a
				calendar year.
20. "Annually" means
				once during each calendar year.
21.
				"Application" for the purposes of 335-14-8 means the EPA standard national
				forms for applying for a permit, including any additions, revisions or
				modifications by the Department. Application also includes the information
				required by the Department in
				335-14-8-.02(5) through
				(19) (contents of Part B of the
				application).
22. "Aquifer" means a
				geologic formation, group of formations or part of a formation capable of
				yielding a significant amount of groundwater to wells or springs.
23. "Area of concern (AOC)" includes any area
				having a probable release of hazardous waste or hazardous constituent which is
				not from a solid waste management unit and is determined by the Department to
				pose a current or potential threat to human health or the environment. Such
				areas of concern may require investigations and remedial action as required
				under Section 3005(c)(3) of the Resource Conservation and Recovery Act and ADEM
				Admin. Code rule
				335-14-8-.03(3)(b)2.
				in order to ensure adequate protection of human health and the
				environment.
24. "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.
25. "Battery" means a device consisting of
				one or more electrically connected electrochemical cells which are designed to
				receive, store, and deliver electric energy. An electrochemical cell is a
				system consisting of an anode, cathode, and an electrolyte, plus such
				connections (electrical and mechanical) as may be needed to allow the cell to
				deliver or receive electrical energy. The term battery also includes an intact,
				unbroken battery from which the electrolyte has been removed.
26. "Battery breaking" for the purposes of
				335-14-7 means the decapitation, cutting, or otherwise liberating the contents
				of a lead-acid battery. This activity includes the separation of any component
				of the battery from the other components (e.g., drainage of acid from a spent
				lead-acid battery or removal of plates and groups from a spent lead-acid
				battery).
27. "Boiler" means an
				enclosed device using controlled flame combustion and having the following
				characteristics:
(i)
(I) The unit must have physical provisions
				for recovering and exporting thermal energy in the form of steam, heated
				fluids, or heated gases; and
(II)
				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 waterwalls 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
(III) 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
(IV) 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
(V)
				The unit is one which the Department has determined, on a case-by-case basis,
				to be a boiler, after consideration of the standards in
				335-14-1-.03(12).
28. "Broker" for the purposes of
				335-14-3-.08 means a person who
				acts as an agent for a generator in return for a fee or commission.
29. "Bulked waste stream" for the purposes of
				335-14-3-.08 means one in which
				multiple waste streams have been physically mixed together into an individual
				container or containers.
30.
				"By-product" for the purposes of
				335-14-2-.01 is a material that
				is not one of the primary products of a production process and is not solely or
				separately produced by the production process. Examples are process residues
				such as slags or distillation column bottoms. The term does not include a
				co-product that is produced for the general public's use and is ordinarily used
				in the form it is produced by the process.
31. "CAMU-eligible waste" means all solid and
				hazardous wastes, and all media (including groundwater, surface water, soils,
				and sediments) and debris, that are managed for implementing cleanup, pursuant
				to the requirements of
				335-14-5-.19(1), (2), and
				(3).
32. "Captive insurance" as used in
				335-14-5-.08 and
				335-14-6-.08 means insurance
				provided by a company meeting any of the following conditions:
(i) Shares a common pool of assets as its
				parent corporation,
(ii) Belongs to
				the same economic family as its parent corporation,
(iii) Is wholly owned and/or capitalized with
				funds provided exclusively by the parent company, or
(iv) Is a wholly owned insurance interest
				operated and managed within the corporate family of the owner or operator for
				the primary purpose of insuring risks from within the same corporate
				family.
33. "Carbon
				regeneration unit" means any enclosed thermal treatment device used to
				regenerate spent activated carbon.
34. "Cathode ray tube" or CRT means a vacuum
				tube, composed primarily of glass, which is the visual or video display
				component of an electronic device. A used, intact CRT means a CRT whose vacuum
				has not been released. A used, broken CRT means glass removed from its housing
				or casing whose vacuum has been released.
35. "Central accumulation area" means any
				on-site hazardous waste accumulation area subject to either
				335-14-3-.01(7)
				for large quantity generators; or
				335-14-3-.01(6)
				for small quantity generators. A central accumulation area at an eligible
				academic entity that chooses to be subject to
				335-14-3-.12 must also comply
				with 335-14-3-.12(12)
				when accumulating unwanted material and/or hazardous waste.
36. "Certification" or "Recertification"
				means:
(i) A statement of professional
				opinion based upon knowledge and belief.
(ii) For the purposes of
				335-14-3-.08 and Appendices
				thereto is a statement based upon knowledge and belief of the accuracy of the
				information required by
				335-14-3-.08.
37. "Certified delivery" for the purposes of
				335-14-7-.14 means certified mail
				with return receipt requested, or equivalent courier service, or other means,
				that provides the sender with a receipt confirming delivery.
38. "Chemical agents and munitions" for the
				purposes of
				335-14-7-.13 are as defined in
				50 U.S.C. section
				1521(j)(1).
39. "Closed container" means a container with
				a lid that is secured in a manner such that the waste will not leak if the
				container is tipped over.
40.
				"Closed portion" means that portion of a facility which an owner or operator
				has closed in accordance with the approved facility closure plan and all
				applicable closure requirements. (See also "active portion" and "inactive
				portion".)
41. "Closure" for the
				purposes of 335-14-8 means the act of securing a facility pursuant to the
				requirements of Chapter 335-14-5.
42. "Closure plan" as used in
				335-14-5-.08 and
				335-14-6-.08 means the plan for
				closure prepared in accordance with the requirements of
				335-14-5-.07(3)
				or 335-14-6-.07(3).
43. "College/University" for the purpose of
				335-14-3-.12 means a private or
				public, post-secondary, degree-granting, academic institution, that is
				accredited by an accrediting agency listed annually by the U.S. Department of
				Education.
44. "Commercial
				hazardous waste disposal facility" is one receiving hazardous waste not
				generated on site for disposal and to which a fee is paid or other compensation
				is given for disposal.
45.
				"Commission" means the Alabama Environmental Management Commission as
				established by
Code of Ala. 1975
, §
				2-22A-6.
46. "Component" means:
(i) Either the tank or ancillary equipment of
				a tank system.
(ii) For the
				purposes of 335-14-7 means any of the various materials and parts of a spent
				lead-acid battery, including but not limited to, plates and groups, rubber and
				plastic battery chips, acid, and paper/cellulose material.
(iii) For the purposes of 335-14-8 means any
				constituent part of a unit or any group of constituent parts of a unit which
				are assembled to perform a specific function (e.g., a pump seal, pump, kiln
				liner, kiln thermocouple).
47. "Condition for exemption" means any
				requirement in 335-14-3 that states an event, action, or standard that must
				occur or be met in order to obtain an exemption from any applicable requirement
				in 335-14.
48. "Confined aquifer"
				means an aquifer bounded above and below by impermeable beds or by beds of
				distinctly lower permeability than that of the aquifer itself; an aquifer
				containing confined groundwater.
49. "Consolidated waste stream" for the
				purposes of
				335-14-3-.08 means one in which
				multiple waste streams are grouped together in individual containers for
				shipping purposes, but are not physically mixed together.
50. "Contained" means held in a unit
				(including a land-based unit as defined in
				335-14-1-.02(1)(a))
				that meets the following criteria:
(i) The
				unit is in good condition, with no leaks or other continuing or intermittent
				unpermitted releases of the hazardous secondary materials to the environment,
				and is designed, as appropriate for the hazardous secondary materials, to
				prevent releases of hazardous secondary materials to the environment.
				Unpermitted releases are releases that are not covered by a permit (such as a
				permit to discharge to water or air) and may include, but are not limited to,
				releases through surface transport by precipitation runoff, releases to soil
				and groundwater, wind-blown dust, fugitive air emissions, and catastrophic unit
				failures;
(ii) The unit is properly
				labeled or otherwise has a system (such as a log) to immediately identify the
				hazardous secondary materials in the unit; and
(iii) The unit holds hazardous secondary
				materials that are compatible with other hazardous secondary materials placed
				in the unit and is compatible with the materials used to construct the unit and
				addresses any potential risks of fires or explosions.
(iv) Hazardous secondary materials in units
				that meet the applicable requirements of 335-14-5 and 335-14-6 are
				presumptively contained.
51. "Container" means any portable device in
				which a material is stored, transported, treated, disposed of, or otherwise
				handled.
52. "Containment building"
				means a hazardous waste management unit that is used to store or treat
				hazardous waste under the provisions of rules
				335-14-5-.30 or
				335-14-6-.30.
53. "Contamination" means the presence of any
				hazardous constituent in a concentration that exceeds the naturally occurring
				concentration of that constituent.
54. "Contingency plan" means a document
				setting out an organized, planned, and coordinated course of action to be
				followed in case of a fire, explosion, or release of hazardous wastes or
				hazardous waste constituents which could threaten human health or the
				environment.
55. "Corrective action
				cost estimate" for the purposes of
				335-14-5-.08 means the most
				recent of the estimates prepared in accordance with
				335-14-5-.08(10).
56. "Corrective action management unit
				(CAMU)" means an area within a facility that is used only for implementing
				corrective action or cleanup at the facility, pursuant to the requirements of
				335-14-5-.19(1), (2), and
				(3).
[
Note
: All regulated units included in a CAMU
				  remain subject to all applicable requirements, including but not limited to,
				  the requirements of rules
				  335-14-5-.06,
				  335-14-5-.07 and
				  335-14-5-.08, Chapter 335-14-8,
				  and the unit specific requirements of 335-14-5 and 335-14-6 that applied to the
				  units prior to their incorporation into the CAMU. See
				  335-14-5-.19(1)(b).]
57. "Corrective action plan" for the purposes
				of 335-14-5-.08 means the plan(s)
				which describes the corrective actions to be performed in accordance with the
				requirements of
				335-14-5-.06(11) and
				(12).
58. "Corrosion expert" means a person who, by
				reason of his knowledge of the physical sciences and the principles of
				engineering and mathematics, acquired by a professional education and related
				practical experience, is qualified to engage in the practice of corrosion
				control on buried or submerged metal piping systems and metal tanks. Such a
				person must be certified as being qualified by the National Association of
				Corrosion Engineers (NACE) or be a registered professional engineer who has
				certification or licensing that includes education and experience in corrosion
				control on buried or submerged metal piping systems and metal tanks.
59. "CRT collector" means a person who
				receives used, intact CRTs for recycling, repair, resale, or
				donation.
60. "CRT Exporter" means
				any person in the United States who initiates a transaction to send used CRTs
				outside the United States or its territories for recycling or reuse, or any
				intermediary in the United States arranging for such export.
61. "CRT glass manufacturer" means an
				operation or part of an operation that uses a furnace to manufacture CRT
				glass.
62. "CRT processing" means
				conducting all of the following activities:
(i) Receiving broken or intact CRTs;
				and
(ii) Intentionally breaking
				intact CRTs or further breaking or separating broken CRTs; and
(iii) Sorting or otherwise managing glass
				removed from CRT monitors.
63. "Current closure cost estimate" as used
				in 335-14-5-.08 and
				335-14-6-.08 means the most
				recent of the estimates prepared in accordance with
				335-14-5-.08(3)(a), (3)(b), and
				(3)(c) or
				335-14-6-.08(3)(a), (3)(b), and
				(3)(c).
64. "Current post-closure cost estimate" as
				used in 335-14-5-.08 and
				335-14-6-.08 means the most
				recent of the estimates prepared in accordance with
				335-14-5-.08(5)(a), (5)(b), and
				(5)(c) or
				335-14-6-.08(5)(a), (5)(b), and
				(5)(c).
65. "CWA" or "Clean Water Act" for the
				purposes of 335-14-8 means the act formerly referred to as the Federal Water
				Pollution Control Act and the amendments to that act.
66. "Daily" means once during each day of the
				year.
67. "Day" means a day of the
				year.
68. "Department" means the
				Alabama Department of Environmental Management as established by
Code of Ala. 1975
, §
											22-22A-4.
69. "Designated facility" means:
(i) a hazardous waste treatment, storage, or
				disposal facility which:
(I) has received a
				permit (or interim status) in accordance with the requirements of
				40 CFR, Parts
				270 and
				124,
(II) has received a permit (or interim
				status) from a state authorized in accordance with 40 CFR Part 271 ;
(III) is regulated under
				335-14-2-.01(6)(c)2.
				or 335-14-7-.06, and
(IV) that has been designated on the manifest
				by the generator pursuant to
				335-14-3-.02(1).
70. "Designated facility" also means a
				generator site designated on the manifest to receive its waste as a return
				shipment from a facility that has rejected the waste in accordance with
				335-14-5-.05(3)(f)
				or 335-14-6-.05(3)(f).
(i) If a waste is destined to a facility in
				an authorized State which has not yet obtained authorization to regulate that
				particular waste as hazardous, then the designated facility must be a facility
				allowed by the receiving State to accept such waste.
71. "Destination facility" means a facility
				that treats, disposes of, or recycles a particular category of universal waste,
				except those management activities described in
				335-14-11-.02(4)(a) and
				(c) and
				335-14-11-.03(4)(a) and
				(c). A facility at which a particular
				category of universal waste is only accumulated, is not a destination facility
				for purposes of managing that category of universal waste.
72. "Dike" means an embankment or ridge of
				either natural or man-made materials used to prevent the movement of liquids,
				sludges, solids, or other materials.
73. "Dioxins and furans (D/F)" means tetra,
				penta, hexa, hepta, and octachlorinated dibenzo dioxins and furans.
74. "Director" means the Director of the
				Department, appointed pursuant to
Code of Ala. 1975
,
				§
											22-22A-4, or his
				designee.
75. "Discharge" or
				"hazardous waste discharge" means the accidental or intentional spilling,
				leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste
				into or on any land or water.
76.
				"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking,
				or placing of any hazardous waste into or on any land or water so that such
				hazardous waste or any constituent thereof may enter the environment or be
				emitted into the air or discharged into any waters including
				groundwaters.
77. "Disposal
				facility" means a disposal site. The term disposal facility does not include a
				corrective action management unit into which remediation wastes are placed but
				does include all hazardous waste management units within a corrective action
				management unit.
78. "Disposal
				site" means the location where any ultimate disposal of hazardous waste
				occurs.
79. "Do-it-yourselfer used
				oil collection center" means any site or facility that accepts/aggregates and
				stores used oil collected only from household do-it-yourselfers.
80. "Domestic sewage" means untreated
				sanitary wastes that pass through a sewer system.
81. "Draft permit" for the purposes of
				335-14-8 means a document prepared under
				335-14-8-.08(4)
				indicating the Department's tentative decision to issue or deny, modify, revoke
				and reissue, terminate, or reissue a permit. A notice of intent to terminate a
				permit and a notice of intent to deny a permit are types of draft permits. A
				denial of a request for modification, revocation and reissuance, or termination
				is not a draft permit. [See
				335-14-8-.08(4).]
				A proposed permit is not a draft permit.
82. "Drip pad" is an engineered structure
				consisting of a curbed, free-draining base, constructed of non-earthen
				materials and designed to convey preservative kick-back or drippage from
				treated wood, precipitation, and surface water run-on to an associated
				collection system at wood preserving plants.
83. "Electronic manifest" or "e-Manifest"
				means the electronic format of the hazardous waste manifest that is obtained
				from EPA's national e-Manifest system and transmitted electronically to the
				system, and that is the legal equivalent of EPA Forms 8700-22 (Manifest) and
				8700-22A (Continuation Sheet).
84.
				"Electronic manifest system" or "e-Manifest system" means EPA's national
				information technology system through which the electronic manifest may be
				obtained, completed, transmitted, and distributed to users of the electronic
				manifest and to regulatory agencies.
85. "Elementary neutralization unit" means a
				device which:
(i) Is used for neutralizing
				wastes that are hazardous only because they exhibit the corrosivity
				characteristic defined in
				335-14-2-.03(3),
				or they are listed in
				335-14-2-.04 only for this
				reason; and
(ii) Meets the
				definition of a tank, tank system, container, transport vehicle, or vessel in
				this paragraph.
86.
				"Eligible academic entity" for the purposes of
				335-14-3-.12 means a college or
				university, or a nonprofit research institute that is owned by or has a formal
				written affiliation agreement with a college or university, or a teaching
				hospital that is owned by or has a formal written affiliation agreement with a
				college or university.
87.
				"Eligible Naturally Occurring and/or Accelerator-produced Radioactive Material
				(NARM)" for the purposes of
				335-14-7-.14 is NARM that is
				eligible for the Transportation and Disposal Conditional Exemption. It is a
				NARM waste that contains RCRA hazardous waste, meets the waste acceptance
				criteria of, and is allowed by State of Alabama NARM regulations to be disposed
				of at a low-level radioactive waste disposal facility (LLRWDF) licensed in
				accordance with 10 CFR Part 61 or NRC Agreement State equivalent
				regulations.
88. "Emergency permit"
				for the purposes of 335-14-8 means a permit issued in accordance with
				335-14-8-.06(1).
89. "Engineer" means a person registered as a
				licensed professional engineer with the Alabama Board of Licensure for
				Professional Engineers and Land Surveyors and practicing under the Rules of
				Professional Conduct, specifically Canon II.
90. "EPA" means the United States
				Environmental Protection Agency.
91. "EPA hazardous waste number" means the
				number assigned by EPA and the Department to each hazardous waste listed in
				335-14-2-.04 and to each
				characteristic identified in
				335-14-2-.03.
92. "EPA identification number" means the
				number assigned by EPA or the Department to each generator, transporter, and
				treatment, storage or disposal facility.
93. "Episodic event" means an activity or
				activities, either planned or unplanned, that does not normally occur during
				generator operations, resulting in an increase in the generation of hazardous
				wastes that exceeds the calendar month quantity limits for the generator's
				usual category.
94. "Equivalent
				method" means any testing or analytical method approved by the Department under
				335-14-1-.03(1).
95. "Evaluated hazardous waste
				pharmaceutical" means a prescription hazardous waste pharmaceutical that has
				been evaluated by a reverse distributor in accordance with
				335-14-7-.16(10)(a)3.
				and will not be sent to another reverse distributor for further evaluation or
				verification of manufacture credit.
96. "Excluded scrap metal" for the purposes
				of 335-14-2-.01 is processed scrap
				metal, unprocessed home scrap metal, and unprocessed prompt scrap
				metal.
97. "Exempted waste" for the
				purposes of
				335-14-7-.14 means a waste that
				meets the eligibility criteria in
				335-14-7-.14(3)
				and meets all of the conditions in
				335-14-7-.14(4),
				or meets the eligibility criteria in
				335-14-7-.14(12)
				and complies with all the conditions in
				335-14-7-.14(13).
				Such waste is conditionally exempted from the regulatory definition of
				hazardous waste described in
				335-14-2-.01(3).
98. "Existing aboveground used oil tank"
				means a tank that is used for the storage or processing of used oil and that is
				in operation, or for which installation has commenced on or prior to the
				effective date of these rules. Installation will be considered to have
				commenced if the owner or operator has obtained all federal, State of Alabama,
				and local approvals or permits necessary to begin installation of the tank and
				if either:
(i) A continuous on-site
				installation program has begun, or
(ii) The owner or operator has entered into
				contractual obligations-which cannot be canceled or modified without
				substantial loss-for installation of the tank to be completed within a
				reasonable time.
99.
				"Existing hazardous waste management (HWM) facility" or "existing facility"
				means a facility which was in operation or for which construction commenced on
				or before November 19, 1980. A facility had commenced construction if:
(i) The owner or operator had obtained the
				Federal, State of Alabama, and local approvals or permits necessary to begin
				actual construction; and
(ii)
				Either
(I) a continuous on-site physical
				construction program had begun; or
(II) the owner or operator had entered into
				contractual obligations which could not be canceled or modified without
				substantial loss for physical construction of the facility to be completed
				within a reasonable time.
100. "Existing portion" means that land
				surface area of an existing waste management unit, included in the original
				Part A permit application, on which wastes have been placed prior to the
				issuance of a permit.
101.
				"Existing tank system" or "existing component" means a tank system or component
				that is used for the storage or treatment of hazardous waste and that is in
				operation, or for which installation has commenced on or prior to July 14,
				1986. Installation will be considered to have commenced if the owner or
				operator has obtained all Federal, State of Alabama, and local approvals or
				permits necessary to begin physical construction of the site or installation of
				the tank system and if either:
(i) A
				continuous on-site physical construction or installation program has begun;
				or
(ii) The owner or operator has
				entered into contractual obligations - which cannot be canceled or modified
				without substantial loss - for physical construction of the site or
				installation of the tank system to be completed within a reasonable
				time.
102. "Explosives or
				munitions emergency" means a situation involving the suspected or detected
				presence of unexploded ordnance (UXO), damaged or deteriorated explosives or
				munitions, an improvised explosive device (IED), other potentially harmful
				military chemical munitions or device, that creates an actual or potential
				imminent threat to human health, including safety, or the environment,
				including property, as determined by an explosives or munitions emergency
				response specialist. Such situations may require immediate and expeditious
				action by an explosives or munitions emergency response specialist to control,
				mitigate, or eliminate the threat.
103. "Explosives or munitions emergency
				response" means all immediate response activities by an explosives and
				munitions emergency response specialist to control, mitigate, or eliminate the
				actual or potential threat encountered during an explosives or munitions
				emergency. An explosives or munitions emergency response may include in-place
				render-safe procedures, treatment or destruction of the explosives or munitions
				and/or transporting those items to another location to be rendered safe,
				treated, or destroyed. Any reasonable delay in the completion of an explosives
				or munitions emergency response caused by a necessary, unforeseen, or
				uncontrollable circumstance will not terminate the explosives or munitions
				emergency. Explosives and munitions emergency responses can occur on either
				public or private lands and are not limited to responses at RCRA
				facilities.
104. "Explosives or
				munitions emergency response specialist" means an individual trained in
				chemical or conventional munitions or explosives handling, transportation,
				render-safe procedures, or destruction techniques. Explosives or munitions
				emergency response specialists include Department of Defense (DOD) emergency
				explosive ordnance disposal (EOD), technical escort unit (TEU), and
				DOD-certified civilian or contractor personnel; and other Federal, State of
				Alabama, or local government, or civilian personnel similarly trained in
				explosives or munitions emergency responses.
105. "Extent of contamination" means the
				horizontal and vertical area in which the concentrations of hazardous
				constituents in environmental media are above detection limits or background
				concentrations indicative of the region, whichever is appropriate as determined
				by the Department.
106. "Facility"
				or "hazardous waste management facility" or "HWM facility" means:
(i) All contiguous land, and structures,
				other appurtenances, and improvements on the land, used for treating, storing,
				or disposing of hazardous waste, or for managing hazardous secondary materials
				prior to reclamation. A facility may consist of several treatment, storage, or
				disposal operational units (e.g., one or more landfills, surface impoundments,
				or combinations of them).
(ii) For
				the purpose of implementing corrective action under
				335-14-5-.06(12),
				all contiguous property under the control of the owner or operator seeking a
				permit under Chapter 30 of Title 22,
Code of Ala.
				1975
, (AHWMMA). This definition also applies to facilities
				implementing corrective action under §
												22-30-19
et
				seq
.,
Code of Ala. 1975
, and/or RCRA
				Section 3008(h).
(iii)
				Notwithstanding subparagraph (ii) of this definition, a remediation waste
				management site is not a facility that is subject to
				335-14-5-.06(12),
				but is subject to corrective action requirements if the site is located within
				such a facility.
107.
				"Facility mailing list" for the purposes of 335-14-8 means the mailing list for
				a facility maintained by ADEM in accordance with
				335-14-8-.08(6)(c)1.(iv).
108. "Facility owner" means a person who owns
				a facility. In most cases, this will be the "operator" or the
				"owner".
109. "Federal, State of
				Alabama and local approvals or permits necessary to begin physical
				construction" means permits and approvals required under Federal, State of
				Alabama, or local hazardous waste control statutes, regulations, or
				ordinances.
110. "FIFRA" means the
				Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
				136-136y).
111. "Final closure" means the closure of all
				hazardous waste management units at the facility in accordance with all
				applicable closure requirements so that hazardous waste management activities
				under 335-14-5 and 335-14-6 are no longer conducted at the facility unless
				subject to the provisions in
				335-14-3-.03(5).
112. "Food-chain crops" means tobacco, crops
				grown for human consumption, and crops grown for feed for animals whose
				products are consumed by humans.
113. "Formal written affiliation agreement"
				for the purposes of
				335-14-3-.12 for a non-profit
				research institute means a written document that establishes a relationship
				between institutions for the purposes of research and/or education and is
				signed by authorized representatives, as defined by
				335-14-1-.02 for each
				institution. A relationship on a project-by-project basis or grant-by-grant
				basis is not considered a formal written affiliation agreement. A "formal
				written affiliation agreement" for a teaching hospital means a master
				affiliation agreement and program letter of agreement, as defined by the
				Accreditation Council for Graduate Medical Education, with an accredited
				medical program or medical school.
114. "Free liquids" means liquids which
				readily separate from the solid portion of a waste under ambient temperature
				and pressure.
115. "Freeboard"
				means the vertical distance between the top of a tank or surface impoundment
				dike and the surface of the waste contained therein.
116. "Functionally equivalent component" for
				the purposes of 335-14-8 means a component which performs the same function or
				measurement and which meets or exceeds the performance specifications of
				another component.
117. "Generator"
				means:
(i) Any person, by individual
				generation site, whose act or process produces hazardous waste identified or
				listed in Chapter 335-14-2 or whose act first causes a hazardous waste to
				become subject to regulation. The term generator includes those persons further
				defined as a large quantity generator, a small quantity generator, and/or a
				conditionally exempt small quantity generator.
(ii) For the purposes of
				335-14-3-.08 is a person as
				defined in
				335-14-1-.02, but such term shall
				not include the treatment, storage, disposal, or other management of solid or
				hazardous wastes received from off-site when the final disposal of the waste
				occurs at the same facility which treated, stored, or otherwise managed the
				waste.
118. "Geologist"
				means a person who holds a license as a professional geologist under the
				Alabama Professional Geologist Licensing Act.
119. "Groundwater" means water below the land
				surface in a zone of saturation.
120. "Hazardous constituents" are 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.
121. "Hazardous secondary material" means a
				secondary material (e.g., spent material, by-product, or sludge) that, when
				discarded, would be identified as hazardous waste under 335-14-2.
122. "Hazardous secondary material generator"
				means any person whose act or process produces hazardous secondary materials at
				the generating facility. For purposes of this paragraph, "generating facility"
				means all contiguous property owned, leased, or otherwise controlled by the
				hazardous secondary material generator. For the purposes of
				335-14-2-.01(4)(a)23.,
				a facility that collects hazardous secondary materials from other persons is
				not the hazardous secondary material generator.
123. "Hazardous waste" means a hazardous
				waste as defined in
				335-14-2-.01(3).
124. "Hazardous waste constituent" means a
				constituent that caused the Department to list the hazardous waste in
				335-14-2-.04 or a constituent
				listed in Table 1 of
				335-14-2-.03(5).
125. "Hazardous waste management unit" is a
				contiguous area of land on or in which hazardous waste is placed, or the
				largest area in which there is significant likelihood of mixing hazardous waste
				constituents in the same area. Examples of hazardous waste management units
				include a surface impoundment, a waste pile, a land treatment area, a landfill
				cell, an incinerator, a tank and its associated piping and underlying
				containment system, and a container storage area. A container alone does not
				constitute a unit; the unit includes containers and the land or pad upon which
				they are placed.
126. "Hazardous
				waste pharmaceutical" means a pharmaceutical that is a solid waste, as defined
				in 335-14-2-.01(2),
				and exhibits one or more characteristics identified in
				335-14-2-.03 or is listed in
				335-14-2-.04. A pharmaceutical is
				not a solid waste, as defined in
				335-14-2-.01(2),
				and therefore not a hazardous waste pharmaceutical, if it is legitimately
				used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An
				over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not
				a solid waste, as defined in
				335-14-2-.01(2),
				and therefore not a hazardous waste pharmaceutical, if it has a reasonable
				expectation of being legitimately used/reused (e.g., lawfully redistributed for
				its intended purpose) or reclaimed.
127. "Healthcare facility" means any person
				that is lawfully authorized to:
(i) Provide
				preventative, diagnostic, therapeutic, rehabilitative, maintenance or
				palliative care, and counseling, service, assessment or procedure with respect
				to the physical or mental condition, or functional status, of a human or animal
				or that affects the structure or function of the human or animal body;
				or
(ii) Distribute, sell, or
				dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary
				supplements, homeopathic drugs, or prescription pharmaceuticals. This
				definition includes, but is not limited to, wholesale distributors, third-party
				logistics providers that serve as forward distributors, military medical
				logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical
				centers, health clinics, physicians' offices, optical and dental providers,
				chiropractors, long-term care facilities, ambulance services, pharmacies,
				long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals,
				veterinary clinics, and veterinary hospitals. This definition does not include
				pharmaceutical manufacturers, reverse distributors, or reverse logistics
				centers.
128. "Home scrap
				metal" for the purposes of
				335-14-2-.01 means scrap metal as
				generated by steel mills, foundries, and refineries such as turnings, cuttings,
				punchings, and borings.
129.
				"Household waste pharmaceutical" means a pharmaceutical that is a solid waste,
				as defined in
				335-14-2-.01(2),
				but is excluded from being a hazardous waste under
				335-14-2-.01(4)(b)1.
130. In operation" for the
				purposes of 335-14-8 refers to a facility which is treating, storing, or
				disposing of hazardous waste.
131.
				"Inactive portion" means that portion of a facility which is not operated after
				November 19, 1980. (See also "active portion" and "closed portion".)
132. "Inactive range" for the purposes of
				335-14-7-.13 means a military
				range that is not currently being used, but that is still under military
				control and considered by the military to be a potential range area, and that
				has not been put to a new use that is incompatible with range
				activities.
133. "Incinerator"
				means any enclosed device that:
(i) Uses
				controlled flame combustion and neither meets the criteria for classification
				as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an
				industrial furnace; or
(ii) Meets
				the definition of infrared incinerator or plasma arc
				incinerator.
134.
				"Incompatible waste" means a hazardous waste which is unsuitable for:
(i) Placement in a particular device or
				facility because it may cause corrosion or decay of containment materials (e.g.
				container inner liners or tank walls); or
(ii) Commingling with another waste or
				material under uncontrolled conditions because the commingling might produce
				heat or pressure, fire or explosion, violent reaction, toxic dusts, mists,
				fumes, or gases, or flammable fumes or gases. (See Appendix V of 335-14-5 and 6
				for examples.)
135.
				"Independent requirement" means a requirement of 335-14-3 that states an event,
				action, or standard that must occur or be met; and that applies without
				relation to, or irrespective of, the purpose of obtaining a conditional
				exemption from storage facility permit, interim status, and operating
				requirements under 335-14-3.
136.
				"Individual generation site" means the contiguous site at or on which one or
				more hazardous wastes are generated. An individual generation site, such as a
				large manufacturing plant, may have one or more sources of hazardous waste but
				is considered a single or individual generation site if the site or property is
				contiguous.
137. "Industrial
				furnace" means any of the following enclosed devices that are integral
				components of manufacturing processes and that use thermal treatment to
				accomplish recovery of materials or energy:
(i) Cement kilns;
(ii) Lime kilns;
(iii) Aggregate kilns;
(iv) Phosphate kilns;
(v) Coke ovens;
(vi) Blast furnaces;
(vii) Smelting, melting and refining furnaces
				(including pyrometallurgical devices such as cupolas, reverberator furnaces,
				sintering machines, roasters, and foundry furnaces);
(viii) Titanium dioxide chloride process
				oxidation reactors;
(ix) Methane
				reforming furnaces;
(x) Pulping
				liquor recovery furnaces;
(xi)
				Combustion devices used in the recovery of sulfur values from spent sulfuric
				acid; and
(xii) Halogen acid
				furnaces for the production of acid from halogenated hazardous waste generated
				by chemical production facilities where the furnace is located on the site of a
				chemical production facility, the acid product has a halogen acid content of at
				least 3 percent, the acid product is used in a manufacturing process, and,
				except for hazardous waste burned as fuel, hazardous waste fed to the furnace
				has a minimum halogen content of 20 percent as-generated.
(xiii) Such other devices as the Department
				may, after notice and comment, add to this list on the basis of one or more of
				the following factors:
(I) The design and use
				of the device primarily to accomplish recovery of material products;
(II) The use of the device to burn or reduce
				raw materials to make a material product;
(III) The use of the device to burn or reduce
				secondary materials as effective substitutes for raw materials, in processes
				using raw materials as principal feedstocks;
(IV) The use of the device to burn or reduce
				secondary materials as ingredients in an industrial process to make a material
				product;
(V) The use of the device
				in common industrial practice to produce a material product; and
(VI) Other factors, as appropriate.
138. "Infrared
				incinerator" means any enclosed device that uses electric powered resistance
				heaters as a source of radiant heat followed by an afterburner using controlled
				flame combustion and which is not listed as an industrial furnace.
139. "Inground tank" means a device meeting
				the definition of "tank" in
				335-14-1-.02 whereby a portion of
				the tank wall is situated to any degree within the ground, thereby preventing
				visual inspection of that external surface area of the tank that is in the
				ground.
140. "Injection well" means
				a bored, drilled, or driven shaft or dug hole which is used for the injection
				of pollutants. (See also "underground injection".)
141. "Inner liner" means a continuous layer
				of material placed inside a tank or container which protects the construction
				materials of the tank or container from the contained waste or reagents used to
				treat the waste.
142. "Installation
				inspector" means a person who, by reason of his knowledge of the physical
				sciences and the principles of engineering, acquired by a professional
				education and related practical experience, is qualified to supervise the
				installation of tank systems.
143.
				"Intermediate facility" means any facility that stores hazardous secondary
				materials for more than 10 days, other than a hazardous secondary material
				generator or reclaimer of such material.
144. "International shipment" means the
				transportation of hazardous waste into or out of the jurisdiction of the United
				States.
145. "Laboratory" for the
				purposes of
				335-14-3-.12 means an area owned
				by an eligible academic entity where relatively small quantities of chemicals
				and other substances are used on a non-production basis for teaching or
				research (or diagnostic purposes at a teaching hospital) and are stored and
				used in containers that are easily manipulated by one person. Photo
				laboratories, art studios, and field laboratories are considered laboratories.
				Areas such as chemical stockrooms and preparatory laboratories that provide a
				support function to teaching or research laboratories (or diagnostic
				laboratories at teaching hospitals) are also considered laboratories.
146. "Laboratory clean-out" for the purposes
				of 335-14-3-.12 means an evaluation
				of the inventory of chemicals and other materials in a laboratory that are no
				longer needed or that have expired and the subsequent removal of those
				chemicals or other unwanted materials from the laboratory. A clean-out may
				occur for several reasons. It may be on a routine basis (e.g., at the end of a
				semester or academic year) or as a result of a renovation, relocation, or
				change in laboratory supervisor/occupant. A regularly scheduled removal of
				unwanted material as required by
				335-14-3-.12(9)
				does not qualify as a laboratory clean-out.
147. "Laboratory worker" for the purposes of
				335-14-3-.12 means a person who
				handles chemicals and/or unwanted material in a laboratory and may include, but
				is not limited to, faculty, staff, post-doctoral fellows, interns, researchers,
				technicians, supervisors/managers, and principal investigators. A person does
				not need to be paid or otherwise compensated for his/her work in the laboratory
				to be considered a laboratory worker. Undergraduate and graduate students in a
				supervised classroom setting are not laboratory workers.
148. "Lamp", also referred to as "universal
				waste lamp", means the bulb or tube portion of an electric lighting device. A
				lamp is specifically designed to produce radiant energy, most often in the
				ultraviolet, visible, and infrared regions of the electromagnetic spectrum.
				Examples of common universal waste electric lamps include, but are not limited
				to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure
				sodium, and metal halide lamps.
149. "Land-based unit" means an area where
				hazardous secondary materials are placed in or on the land before recycling.
				This definition does not include land-based production units.
150. "Land Disposal Restriction (LDR)
				treatment standards" for the purposes of
				335-14-7-.14 means treatment
				standards, under 335-14-9, that a RCRA hazardous waste must meet before it can
				be disposed of in a RCRA hazardous waste land disposal unit.
151. "Land surveyor" means a person
				registered as a licensed Land Surveyor with the Alabama Board of Licensure for
				Professional Engineers and Land Surveyors and practicing under the Rules of
				Professional Conduct (Code of Ethics).
152. "Land treatment facility" means a
				facility or part of a facility at which hazardous waste is applied onto or
				incorporated into the soil surface; such facilities are disposal facilities if
				the waste will remain after closure.
153. "Land use controls" has the same meaning
				as in 335-15-1-.02.
154. "Landfill" means a disposal facility or
				part of a facility where hazardous waste is placed in or on land and which is
				not a pile, a land treatment facility, a surface impoundment, an underground
				injection well, a salt dome formation, a salt bed formation, an underground
				mine, a cave or a corrective action management unit.
155. "Landfill cell" means a discrete volume
				of a hazardous waste landfill which uses a liner to provide isolation of wastes
				from adjacent cells or wastes. Examples of landfill cells are trenches and
				pits.
156. "Large Quantity
				Generator (LQG)" is a is a generator who generates any of the following amounts
				in a calendar month:
(i) Greater than or equal
				to 1,000 kilograms (2200 lbs) of non-acute hazardous waste; or
(ii) Greater than 1 kilogram (2.2 lbs) of
				acute hazardous waste listed in
				335-14-2-.04(2)
				or 335-14-2-.04(4)(e);
				or
(iii) Greater than 100 kilograms
				(220 lbs) of any residue or contaminated soil, water, or other debris resulting
				from the cleanup of a spill, into or on any land or water, of any acute
				hazardous waste listed in
				335-14-2-.04(2)
				or 335-14-2-.04(4)(e).
				The generator's twelve-month period is assigned by county in the "specified
				month schedule" located at
				335-14-1-.02(1)(a)
157. "Large quantity
				handler of universal waste" means a universal waste handler (as defined in
				335-14-1-.02) who accumulates
				5,000 kilograms or more total of universal waste (batteries, pesticides,
				mercury-containing equipment, lamps, or aerosol cans, calculated collectively)
				at any time. This designation as a large quantity handler of universal waste is
				retained through the end of the calendar year in which the 5,000 kilogram limit
				is met or exceeded.
158. "Leachate"
				means any liquid, including any suspended components in the liquid, that has
				percolated through or drained from hazardous waste.
159. "Leak-detection system" means a system
				capable of detecting the failure of either the primary or secondary containment
				structure or the presence of a release of hazardous waste or accumulated liquid
				in the secondary containment structure. Such a system must employ operational
				controls (e.g., daily visual inspections for releases into the secondary
				containment system of aboveground tanks) or consist of an interstitial
				monitoring device designed to detect continuously and automatically the failure
				of the primary or secondary containment structure or the presence of a release
				of hazardous waste into the secondary containment structure.
160. "License" for the purposes of
				335-14-7-.14 means a license
				issued by the Nuclear Regulatory Commission, or NRC Agreement State, to users
				that manage radionuclides regulated by NRC, or NRC Agreement States, under
				authority of the Atomic Energy Act of 1954, as amended.
161. "Liner" means a continuous layer of
				natural or man-made materials, beneath or on the sides of a surface
				impoundment, waste pile, landfill, or landfill cell, which restricts the
				downward or lateral escape of hazardous waste, hazardous waste constituents, or
				leachate.
162. "Long-term care
				facility" means a licensed entity that provides assistance with activities of
				daily living, including managing and administering pharmaceuticals to one or
				more individuals at the facility. This definition includes, but is not limited
				to, hospice facilities, nursing facilities, skilled nursing facilities, and the
				nursing and skilled nursing care portions of continuing care retirement
				communities. Not included within the scope of this definition are group homes,
				independent living communities, assisted living facilities, and the independent
				and assisted living portions of continuing care retirement
				communities
163. "Low-Level Mixed
				Waste (LLMW)" for the purposes of
				335-14-7-.14 is a waste that
				contains both low-level radioactive waste and RCRA hazardous waste.
164. "Low-Level Radioactive Waste (LLW)" for
				the purposes of
				335-14-7-.14 is a radioactive
				waste which contains source, special nuclear, or byproduct material, and which
				is not classified as high-level radioactive waste, transuranic waste, spent
				nuclear fuel, or byproduct material as defined in section 11e.(2) of the Atomic
				Energy Act. (See also NRC definition of "waste" at
				10 CFR
				61.2)
165. "Low-Level Radioactive Waste Disposal
				Facility (LLRWDF)" for the purposes of
				335-14-7-.14 is a disposal
				facility licensed by the NRC or an NRC Agreement State to dispose of low-level
				radioactive waste.
166. "Major
				facility" for the purposes of 335-14-8 means any facility or activity classed
				as such by the Department.
167.
				"Management" or "hazardous waste management" means the systematic control of
				the collection, source separation, storage, transportation, processing,
				treatment, recovery, and/or disposal of hazardous waste.
168. "Manifest" means the shipping document
				EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A), or the
				electronic manifest, originated and signed in accordance with the applicable
				requirements of 335-14-3 through 335-14-6.
169. "Manifest tracking number" means the
				alphanumeric identification number (i.e., a unique three letter suffix preceded
				by nine numerical digits), which is pre-printed in Item 4 of the Manifest by a
				registered source.
170.
				"Mercury-containing equipment" means a device or part of a device (including
				thermostats, but excluding batteries and lamps) that contains elemental mercury
				integral to its function.
171.
				"Method detection limit or MDL" means the minimum concentration of a substance
				that can be measured and reported with 99% confidence that the analyte
				concentration is greater than zero and is determined from analysis of a sample
				in a given matrix type containing the analyte.
172. "Military" for the purposes of
				335-14-7-.13 means the Department
				of Defense (DOD), the Armed Services, Coast Guard, National Guard, Department
				of Energy (DOE), or other parties under contract or acting as an agent for the
				foregoing, who handle military munitions.
173. "Military munitions" means all
				ammunition products and components produced or used by or for the US Department
				of Defense or the US Armed Services for national defense and security,
				including military munitions under the control of the Department of Defense,
				the US Coast Guard, the US Department of Energy (DOE), and National Guard
				personnel. The term military munitions includes: confined gaseous, liquid, and
				solid propellants, explosives, pyrotechnics, chemical and riot control agents,
				smokes, and incendiaries used by DOD components, including bulk explosives and
				chemical warfare agents, chemical munitions, rockets, guided and ballistic
				missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms
				ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and
				dispensers, demolition charges, and devices and components thereof. Military
				munitions do not include wholly inert items, improvised explosive devices, and
				nuclear weapons, nuclear devices and nuclear components thereof. However, the
				term does include non-nuclear components of nuclear devices, managed under
				DOE's nuclear weapons program after all required sanitization operations under
				the Atomic Energy Act of 1954, as amended, have been completed.
174. "Military range" for the purposes of
				335-14-7-.13 means designated
				land and water areas set aside, managed, and used to conduct research on,
				develop, test, and evaluate military munitions and explosives, other ordnance,
				or weapon systems, or to train military personnel in their use and handling.
				Ranges include firing lines and positions, maneuver areas, firing lanes, test
				pads, detonation pads, impact areas, and buffer zones with restricted access
				and exclusionary areas.
175.
				"Mining overburden returned to the mine site" means any material overlaying an
				economic mineral deposit which is removed to gain access to that deposit and is
				then used for reclamation of a surface mine.
176. "Miscellaneous unit" means a hazardous
				waste management unit where hazardous waste is treated, stored, or disposed of
				and that is not a container, tank, surface impoundment, pile, land treatment
				unit, landfill, incinerator, boiler, industrial furnace, underground injection
				well with appropriate technical standards under 40 CFR Part 146, containment
				building, corrective action management unit, unit eligible for a research,
				development and demonstration permit under
				335-14-8-.06(4);
				or staging pile.
177. "Mixed waste"
				means a solid waste that is a mixture of hazardous waste [as defined in
				335-14-2-.01(3)]
				and radioactive waste (as defined in
				10 CFR
				61.2). The radioactive component of mixed
				waste is subject to regulation by the Atomic Energy Act (AEA)/Nuclear
				Regulatory Commission (NRC). The non-radioactive chemically hazardous component
				of mixed waste is subject to regulation by the AHWMMA and ADEM Admin. Code r.
				335-14.
178. "Month" means a month
				of the year.
179. "Monthly" means
				once during each month of the year.
180. "Motor vehicle manufacturing" means the
				manufacture of automobiles and light trucks/utility vehicles (including light
				duty vans, pick-up trucks, minivans, and sport utility vehicles). Facilities
				must be engaged in manufacturing complete vehicles (body and chassis or
				unibody) or chassis only.
181.
				"Movement" means that hazardous waste transported to a facility in an
				individual vehicle.
182. "National
				Pollutant Discharge Elimination System" or "NPDES" means the program for
				issuing, modifying, revoking and reissuing, terminating, monitoring and
				enforcing permits, and enforcing pretreatment requirements under the Alabama
				Water Pollution Control Act,
Code of Ala. 1975
,
				§§
											22-22-1 to
				22-22-14, as amended, and the
				regulations in Division 6 of the Department's Administrative Code.
183. "Naturally Occurring and/or
				Accelerator-produced Radioactive Material (NARM)" for the purposes of
				335-14-7-.14 means radioactive
				materials that:
(i) Are naturally occurring
				and are not source, special nuclear, or byproduct materials (as defined by the
				AEA) or
(ii) Are produced by an
				accelerator.
[
Note
: NARM is regulated by the States under
				  State law, or by DOE (as authorized by the AEA) under DOE orders.]
184. "New aboveground
				used oil tank" means an aboveground tank that will be used to store or process
				used oil and for which installation has commenced after the effective date of
				these rules.
185. "New hazardous
				waste management facility" or "new facility" means a facility which began
				operation, or for which construction commenced after November 19,
				1980.
186. "New tank system" or
				"new tank component" means a tank system or component that will be used for the
				storage or treatment of hazardous waste and for which installation has
				commenced after July 14, 1986; except, however, for purposes of
				335-14-5-.10(4)(g)4.
				and 335-14-6-.10(4)(g)4.,
				a new tank system is one for which construction commences after July 14, 1986.
				(See also "existing tank system".)
187. Non-acute hazardous waste means all
				hazardous wastes that are not acute hazardous waste, as defined
				335-14-1-.02(1).
188. "Non-creditable hazardous waste
				pharmaceutical" means a prescription hazardous waste pharmaceutical that does
				not have a reasonable expectation to be eligible for manufacturer credit or a
				nonprescription hazardous waste pharmaceutical that does not have a reasonable
				expectation to be legitimately used/reused or reclaimed. This includes but is
				not limited to, investigational drugs, free samples of pharmaceuticals received
				by healthcare facilities, residues of pharmaceuticals remaining in empty
				containers, contaminated personal protective equipment, floor sweepings, and
				clean-up material from the spills of pharmaceuticals.
189. Non-hazardous waste pharmaceutical means
				a pharmaceutical that is a solid waste, as defined in
				335-14-2-.01(2),
				and is not listed in
				335-14-2-.04, and does not
				exhibit a characteristic identified in
				335-14-2-.03.
190. "Non-pharmaceutical hazardous waste"
				means a solid waste, as defined in
				335-14-2-.01(2),
				that is listed in
				335-14-2-.04, or exhibits one or
				more characteristics identified in
				335-14-2-.03, but is not a
				pharmaceutical, as defined in this
				335-14-1-.02.
191. "Non-profit research institute" for the
				purposes of
				335-14-3-.12 means an
				organization that conducts research as its primary function and files as a
				non-profit organization under the tax code of
				26 U.S.C.
				501(c)(3).
192. "NRC" for the purposes of
				335-14-7-.14 means the U. S.
				Nuclear Regulatory Commission.
193.
				"No free liquids" for the purposes of
				335-14-2-.01(4)(a)26.
				and 335-14-2-.01(4)(b)18.
				means that solvent-contaminated wipes may not contain free liquids as
				determined by Method 9095B (Paint Filter Liquids Test), included in "Test
				Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication
				SW-846), which is incorporated by reference, and that there is no free liquid
				in the container holding the wipes. No free liquids may also be determined
				using another standard or test method as defined by the Department.
194. "One-time shipment" means a unique waste
				received at a commercial hazardous waste disposal facility which originated
				from a single generator and is not routinely produced by that generator on a
				regularly recurring basis. Such waste would include, but would not be limited
				to, lab packs. Other examples might include spill cleanups, or the removal of
				obsolete or outdated commercial chemicals.
195. "Onground tank" means a device meeting
				the definition of "tank" in
				335-14-1-.02 and that is situated
				in such a way that the bottom of the tank is on the same level as the adjacent
				surrounding surface so that the external tank bottom cannot be visually
				inspected.
196. "On-site" means the
				same or geographically contiguous property which may be divided by public or
				private right-of-way, provided that 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. Non-contiguous properties owned by the
				same person but connected by a right-of-way which he/she controls and to which
				the public does not have access, are also considered on-site
				property.
197. "Open burning" means
				the combustion of any material without the following characteristics:
(i) Control of combustion air to maintain
				adequate temperature for efficient combustion;
(ii) Containment of the combustion-reaction
				in an enclosed device to provide sufficient residence time and mixing for
				complete combustion; and
(iii)
				Control of emission of the gaseous combustion products.
198. "Operating day" means any day on which
				hazardous waste is treated, stored, or disposed of in a unit. For example, each
				day that a hazardous waste storage unit contains hazardous waste is an
				operating day; as is each day that a disposal unit contains or receives
				hazardous waste, or each day that hazardous waste is treated in a treatment
				unit.
199. "Operating facility" as
				used in 335-14-5-.08 and
				335-14-6-.08 means a facility
				with active treatment, storage, and/or disposal units subject to the
				requirements of 335-14-5, 335-14-6, and 335-14-8.
200. "Operator" means the person responsible
				for the overall operation of a facility.
201. "Other wastes" are wastes as defined in
				rule 335-14-1-.02 that are not
				hazardous waste as defined in rule
				335-14-2-.01.
202. "Owner" means the person who owns in fee
				simple the property on which a facility or part of a facility is
				sited.
203. "Parent corporation"
				means a corporation which directly owns at least 50 percent of the voting stock
				of the corporation which is the facility owner or operator; the latter
				corporation is deemed a "subsidiary" of the parent corporation.
204. "Partial closure" means the closure of a
				hazardous waste management unit in accordance with the applicable closure
				requirements of 335-14-5 and 335-14-6 at a facility that contains other active
				hazardous waste management units. For example, partial closure may include the
				closure of a tank (including its associated piping and underlying containment
				systems), landfill cell, surface impoundment, waste pile, or other hazardous
				waste management unit, while other units of the same facility continue to
				operate.
205. "Permit" for the
				purposes of 335-14-8 means an authorization or equivalent control document
				issued by the Department to implement the requirements of 335-14-8. Permit does
				not include any authorization which has not been the subject of final
				administrative action, such as a draft permit or a proposed permit; but permit
				does include interim status permits to the extent set out in rule
				335-14-8-.07.
206. "Person" means any and all persons,
				natural or artificial, including, but not limited to any individual,
				partnership, association, society, joint stock company, firm company,
				corporation, institution, trust, estate, or other legal entity or other
				business organization or any governmental entity, and any successor,
				representative, agent or agency of the foregoing.
207. "Personnel" or "facility personnel"
				means all persons who work at, or oversee the operations of, a hazardous waste
				facility, and whose actions or failure to act may result in noncompliance with
				the requirements of 335-14-5 or 335-14-6.
208. "Pesticide" means any substance or
				mixture of substances intended for preventing, destroying, repelling, or
				mitigating any pest, or intended for use as a plant regulator, defoliant, or
				desiccant, other than any article that:
(i) Is
				a new animal drug under Federal Food, Drug, and Cosmetic Act (FFDCA) section
				201(w); or
(ii) Is an animal drug
				that has been determined by regulation of the Secretary of Health and Human
				Services not to be a new animal drug; or
(iii) Is an animal feed under FFDCA section
				201(x) that bears or contains any substances described by paragraph (i) or (ii)
				of this definition.
(iv) Is an
				animal feed under FFDCA Section 201(x) that bears or contains any substances
				described by
				335-14-11-.01(3)(a) or
				(b).
209. "Petroleum refining facility" means an
				establishment primarily engaged in producing gasoline, kerosene, distillate
				fuel oils, residual fuel oils, and lubricants, through fractionation, straight
				distillation of crude oil, redistillation of unfinished petroleum derivatives,
				cracking or other processes (i.e., facilities classified as SIC
				2911).
210. "Pharmaceutical" means
				any drug or dietary supplement for use by humans or other animals; any
				electronic nicotine delivery system (e.g., electronic cigarette or vaping pen);
				or any liquid nicotine (e-liquid) packaged for retail sale for use in
				electronic nicotine delivery systems (e.g., pre-filled cartridges or vials).
				This definition includes, but is not limited to, dietary supplements, as
				defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as
				defined by 21 CFR
				203.3(y); over-the-counter
				drugs; homeopathic drugs; compounded drugs; investigational new drugs;
				pharmaceuticals remaining in non-empty containers; personal protective
				equipment contaminated with pharmaceuticals; and clean-up material from spills
				of pharmaceuticals. This definition does not include dental amalgam or
				sharps.
211. "Physical
				construction" for the purposes of 335-14-8 means excavation, movement of earth,
				erection of forms or structures, or similar activity to prepare a hazardous
				waste management facility to accept hazardous waste.
212. "Pile" means any non-containerized
				accumulation of solid, nonflowing hazardous waste that is used for treatment or
				storage and that is not a containment building.
213. "Planned episodic event" means an
				episodic event that the generator planned and prepared for, including regular
				maintenance, tank cleanouts, short-term projects, and removal of excess
				chemical inventory.
214. "Plasma
				arc incinerator" means any enclosed device using a high intensity electrical
				discharge or arc as a source of heat followed by an afterburner using
				controlled flame combustion and which is not listed as an industrial
				furnace.
215. "Plastic" means the
				non-metallic compounds that result from a chemical reaction and are molded or
				formed into rigid or pliable construction materials.
216. "Plastic battery chips" for the purposes
				of 335-14-7 means whole components and any pieces thereof which are constructed
				of plastic and utilized in a lead-acid battery.
217. "Plates and groups" for the purposes of
				335-14-7 means the internal components of a lead-acid battery which are
				constructed of lead and/or lead alloys. Plates and groups shall be considered a
				spent material (solid waste) and a hazardous waste (D008) due to the
				concentration of leachable lead therein.
218. "Point source" means any discernible,
				confined, and discrete conveyance, including, but not limited to any pipe,
				ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
				stock, concentrated animal feeding operation, or vessel or other floating
				craft, from which pollutants are or may be discharged. This term does not
				include return flows from irrigated agriculture.
219. "Post-closure facility" as used in
				335-14-5-.08 and
				335-14-6-.08 means a facility at
				which all treatment, storage, and/or disposal units have been closed in
				accordance with
				335-14-5-.07 or
				335-14-6-.07, at which the owner
				or operator is unable to demonstrate closure by removal in accordance with
				335-14-8-.01(1)(c)5.,
				for one or more units.
220.
				"Post-closure only permit" for the purposes of 335-14-8 means a permit for a
				facility at which the only hazardous waste treatment, storage, or disposal
				activities conducted which require a permit pursuant to 335-14-8 are activities
				related to the post-closure care, monitoring, and/or corrective actions
				performed at closed hazardous waste management units. Corrective actions
				specified in post-closure only permits shall include activities related to
				regulated hazardous waste management units as well as solid waste management
				units (SWMU) and areas of concern (AOC).
221. "Post-closure permit" for the purposes
				of 335-14-8 means a permit which addresses the post-closure care requirements
				for closed hazardous waste treatment, storage, or disposal unit(s) at a
				facility. The term "post-closure permit" includes both post-closure only
				permits and the post-closure care portions of operating permits.
222. "Post-closure plan" as used in
				335-14-5-.08 and
				335-14-6-.08 means the plan for
				post-closure care prepared in accordance with the requirements of
				335-14-5-.07(8) through
				(11) or
				335-14-6-.07(8) through
				(11).
223. "Potentially creditable hazardous waste
				pharmaceutical" means a prescription hazardous waste pharmaceutical that has a
				reasonable expectation to receive manufacturer credit and is:
(i) In original manufacturer packaging
				(except pharmaceuticals that were subject to a recall);
(ii) Undispensed; and
(iii) Unexpired or less than one-year past
				expiration date. The term does not include evaluated hazardous waste
				pharmaceuticals or nonprescription pharmaceuticals including, but not limited
				to, over-the-counter drugs, homeopathic drugs, and dietary
				supplements.
224.
				"Privatized municipal waste treatment facility" means a facility which is
				operated to treat domestic and/ or industrial wastewaters from a municipality
				or industrial park and which otherwise meets the definition of a publicly owned
				treatment works (POTW), but which is not publicly owned.
225. "Processed scrap metal" for the purposes
				of 335-14-2-.01 means scrap metal
				which has been manually or physically altered to either separate it into
				distinct materials to enhance economic value or to improve the handling of
				materials. Processed scrap metal includes, but is not limited to scrap metal
				which has been baled, shredded, sheared, chopped, crushed, flattened, cut,
				melted, or separated by metal type (i.e., sorted), and, fines, drosses and
				related materials which have been agglomerated.
[
Note
: Shredded circuit boards being sent for
				  recycling are not considered processed scrap metal. They are covered under the
				  exclusion from the definition of solid waste for shredded circuit boards being
				  recycled [335-14-2-.01(4)(a)14.]
				  .
226. "Prompt scrap metal"
				for the purposes of
				335-14-2-.01 means scrap metal as
				generated by the metal working/ fabrication industries and includes such scrap
				metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known
				as industrial or new scrap metal.
227. "Publicly owned treatment works" or
				"POTW" means any device or system used in the treatment (including recycling
				and reclamation) of municipal sewage or industrial wastes of a liquid nature
				which is owned by the State of Alabama or municipality [as defined by section
				502(4) pf the Clean Water Act]. This definition includes sewers, pipes, or
				other conveyances only if they convey wastewater to a POTW providing
				treatment.
228. "Qualified
				Groundwater Scientist" means a scientist or engineer who has received a
				baccalaureate or postgraduate 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 of Alabama registration, professional
				certifications, or completion of accredited university courses that enable that
				individual to make sound professional judgments regarding groundwater
				monitoring and contaminant fate and transport.
229. "Quarter" means a period of three
				consecutive months.
230.
				"Quarterly" means once during each period of three consecutive months for a
				total of four times each calendar year.
231. "RCRA" means the Federal Resource
				Conservation and Recovery Act of 1976, as amended, (42 U.S.C. §§
												6901
et
				seq
.).
232. "Reactive
				acutely hazardous unwanted material" for the purposes of
				335-14-3-.12 means an unwanted
				material that is one of the acutely hazardous commercial chemical products
				listed in
				335-14-2-.04(4)(e)
				for reactivity.
233. "Reclaimed"
				for the purposes of
				335-14-2-.01 means a material
				that is processed to recover a usable product, or one that is regenerated.
				Examples are recovery of lead values from spent batteries and regeneration of
				spent solvents. In addition, for purposes of
				335-14-2-.01(4)(a)23.
				and 335-14-2-.01(4)(a)24,
				smelting, melting, and refining furnaces are considered to be solely engaged in
				metals reclamation if the metal recovery from the hazardous secondary materials
				meets the same requirements as those specified for metals recovery from
				hazardous waste found in
				335-14-7-.08(1),
				and if the residuals meet the requirements specified in
				335-14-7-.08(13)
234. "Recycled" for the purposes
				of 335-14-2-.01 means a material is
				used, reused, or reclaimed.
235.
				"Regional Administrator" means the Regional Administrator for the EPA Region in
				which the facility is located, or his designee.
236. "Release" means any spilling, leaking,
				pouring, emitting, emptying, discharging, injecting, escaping, leaching,
				pumping, or disposing into the environment of any hazardous waste or hazardous
				constituent.
237. "Remanufacturing"
				means processing a higher-value hazardous secondary material in order to
				manufacture a product that serves a similar functional purpose as the original
				commercial-grade material. For the purpose of this definition, a hazardous
				secondary material is considered higher-value if it was generated from the use
				of a commercial-grade material in a manufacturing process and can be
				remanufactured into a similar commercial-grade material.
238. "Remediation waste" means all solid and
				hazardous wastes, and all media (including groundwater, surface water, soils,
				and sediments) and debris that are managed for implementing cleanup, pursuant
				to the requirements of
				335-14-5-.19(1), (2), and
				(3).
239. "Remediation waste management site"
				means a facility where an owner or operator is or will be treating, storing, or
				disposing of hazardous remediation wastes. A remediation waste management site
				is not a facility that is subject to corrective action under
				335-14-5-.06(12),
				but is subject to corrective action requirements if the site is located in such
				a facility.
240. "Replacement unit"
				means a landfill, surface impoundment, or waste pile unit [1] from which all or
				substantially all of the waste is removed, and [2] that is subsequently reused
				to treat, store, or dispose of hazardous waste. "Replacement unit" does not
				apply to a unit from which waste is removed during closure, if the subsequent
				reuse solely involves the disposal of waste from that unit and other closing
				units or corrective action areas at the facility in accordance with an approved
				closure plan or EPA or State of Alabama approved corrective action.
241. "Representative sample" means a sample
				of a universe or whole (e.g., waste pile, lagoon, groundwater) which can be
				expected to exhibit the average properties of the universe or whole.
242. "Re-refining distillation bottoms" means
				the heavy fraction produced by vacuum distillation of filtered and dehydrated
				used oil. The composition of still bottoms varies with column operation and
				feedstock.
243. "Reverse
				distributor" means any person that receives and accumulates prescription
				pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals
				for the purpose of facilitating or verifying manufacturer credit. Any person,
				including forward distributors, third-party logistics providers, and
				pharmaceutical manufacturers, that processes prescription pharmaceuticals for
				the facilitation or verification of manufacturer credit is considered a reverse
				distributor.
244. "Rubber" means
				any of numerous synthetic elastic materials of varying chemical composition
				with properties similar to those of natural rubber.
245. "Rubber battery chips" for the purposes
				of 335-14-7 means whole components and any pieces thereof which are constructed
				of rubber and utilized in a lead-acid battery.
246. "Run-off" means any rainwater, leachate,
				or other liquid that drains over land from any part of a facility.
247. "Run-on" means any rainwater, leachate,
				or other liquid that drains over land onto any part of a facility.
248. "Satellite accumulation" means
				accumulation of as much as 55 gallons of hazardous waste or one quart of
				acutely hazardous waste as listed in
				335-14-2-.04(4)(e)
				in containers at or near any point of generation where the wastes initially
				accumulates, provided the generator complies with
				335-14-3-.03(5)(c).
249. "Saturated zone" or "zone of saturation"
				means that part of the earth's crust in which all voids are filled with
				water.
250. "Schedule of
				compliance" for the purposes of 335-14-8 means a schedule of remedial measures
				included in a permit, including an enforceable sequence of interim requirements
				leading to compliance with the AHWMMA and Division 335-14.
251. "Scrap metal" for the purposes of
				335-14-2-.01 means bits and
				pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal
				pieces that may be combined together with bolts or soldering (e.g., radiators,
				scrap automobiles, railroad box cars) which when worn or superfluous can be
				recycled.
252. "SDWA" or the "Safe
				Drinking Water Act" for the purposes of 335-14-8 means
Code of
				Alabama 1975
, §§
											22-23-30 to
				22-23-54, as amended.
253. "Semi-annual" means a six-month
				period.
254. "Semi-annually" means
				once during each six-month period for a total of two times each calendar
				year.
255. "Site" means the land or
				water area where any facility, generator, or activity is physically located or
				conducted, including adjacent land used in connection with the facility,
				generator, or activity.
256.
				"Sludge" means any solid, semi-solid, or liquid waste generated from a
				municipal, commercial, or industrial wastewater treatment plant, water
				treatment plant, or air pollution control facility, exclusive of the treated
				effluent from a wastewater treatment plant.
257. "Sludge dryer" means any enclosed
				thermal treatment device that is used to dehydrate sludge and that has a
				maximum total thermal input, excluding the heating value of the sludge itself,
				of 2,500 Btu/lb. of sludge treated on a wet-weight basis.
258. "Small Quantity Generator (SQG)" is a
				generator who generates the following amounts in a calendar month:
(i) Greater than 100 kilograms (220 lbs) but
				less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste;
				and
(ii) Less than or equal to 1
				kilogram (2.2 lbs) of acute hazardous waste listed in
				335-14-2-.04(2)
				or 335-14-2-.04(4)(e);
				and
(iii) Less than or equal to 100
				kilograms (220 lbs) of any residue or contaminated soil, water, or other debris
				resulting from the cleanup of a spill, into or on any land or water, of any
				acute hazardous waste listed in
				335-14-2-.04(2)
				or 335-14-2-.04(4)(e).
				The generator's twelve-month period is assigned by county in the "specified
				month schedule" located at
				335-14-1-.02(1)(a).
259. "Small quantity handler of
				universal waste" means a universal waste handler (as defined in
				335-14-1-.02) who does not
				accumulate 5,000 kilograms or more of universal waste (batteries, pesticides,
				mercury-containing equipment, lamps, or aerosol cans, calculated collectively)
				at any time.
260. "Solid waste"
				means a waste as defined by
				335-14-2-.01(2).
261. "Solid waste management unit or SWMU"
				includes any unit which has been used for the treatment, storage, or disposal
				of solid waste at any time, irrespective of whether the unit is or ever was
				intended for the management of solid waste. Units subject to regulation under
				335-14-5, 335-14-6, 335-14-7, or 335-14-8 are also solid waste management
				units. SWMU's include areas that have been contaminated by routine and
				systematic releases of hazardous waste or hazardous constituents, excluding
				one-time accidental spills that are immediately remediated and cannot be linked
				to solid waste management activities (e.g., product or process
				spills).
262. "Solvent-contaminated
				wipe" means a wipe that, after the use or after cleaning up a spill, either (1)
				contains one or more of the F001 through F005 solvents listed in
				335-14-2-.04(2)
				or the corresponding P- or U- listed solvents found in
				335-14-2-.04(4);
				(2) exhibits a hazardous characteristic found
				in 335-14-2-.03 when that
				characteristic results from a solvent listed in Chapter 335-14-2; and/or (3)
				exhibits only the hazardous waste characteristic of ignitability found in
				335-14-2-.03(2)
				due to the presence of one or more solvents that are not listed in Chapter
				335-14-2. Solvent-contaminated wipes that contain listed hazardous waste other
				than solvents, or exhibit the characteristic of toxicity, corrosivity, or
				reactivity due to contaminants other than solvents, are not eligible for the
				exclusions at a
				335-14-2-.01(4)(a)26.
				and 335-14-2-.01(4)(b)18
263. "Sorbent" means a material
				that is used to soak up free liquids by either adsorption or absorption, or
				both. "Sorb" means to either adsorb or absorb, or both.
264. "Specified month schedule" for the
				purposes of the "Annual Submission of ADEM Form 8700-12" is defined by the
				chart below according to the county in which the facility is located.
If your site of waste generation is located
								in the county of
...
Submit ADEM Form 8700-12 by the 15th
								of
...
Colbert, Fayette,
Franklin, Greene,
Hale, Lamar, Lauderdale,
Lawrence,
Limestone, Marion,
Morgan, Pickens,
Sumter, Tuscaloosa,
Walker, Winston
February
Blount, Cherokee,
Cullman, DeKalb,
Etowah, Jackson, Madison,
Marshall,
St. Clair
April
Jefferson
June
Calhoun, Chambers, Clay,
Cleburne,
Coosa, Elmore, Lee,
Macon,
Montgomery, Randolph,
Shelby,
Talladega, Tallapoosa
August
Autauga, Baldwin,
Barbour, Bibb,
Bullock, Butler, Chilton,
Choctaw,
Clarke, Coffee, Conecuh,
Covington,
Crenshaw, Dale, Dallas,
Escambia,
Geneva, Henry, Houston,
Lowndes,
Marengo, Monroe, Perry,
Pike,
Russell, Washington,
Wilcox
October
Mobile
December
265.
				"Spent materials" for the purposes of
				335-14-2-.01 and 335-14-7 means
				those materials which have been used, and as a result of that use become
				contaminated by physical or chemical impurities, and can no longer serve the
				purpose for which they were produced without being regenerated, reclaimed, or
				otherwise reprocessed. For the purposes of 335-14-7, spent materials shall
				include all battery components, including but not limited to plates and groups,
				plastic and rubber battery chips, paper/ cellulose materials and acid removed
				from a spent lead-acid battery.
(i)
				Contamination means any impurity, factor, or circumstance that causes the
				material to be taken out of service for reprocessing.
(ii) The portion of the definition stating a
				spent material "can no longer serve the purpose for which they were produced"
				is satisfied when the material is no longer serving its original purpose and is
				being reprocessed or being accumulated prior to
				reprocessing.
266.
				"Spill" means the unplanned, accidental, or unpermitted discharge, deposit,
				injection, leaking, pumping, pouring, emitting, dumping, placing, or releasing
				of hazardous wastes, or materials which when spilled become hazardous wastes,
				into or on the land, the air, or the water.
267. "Staging pile" means an accumulation of
				solid, non-flowing remediation waste (as defined in
				335-14-1-.02) that is not a
				containment building and that is used only during remedial operations for
				temporary storage at a facility. Staging piles must be designated by the
				Department according to the requirements of
				335-14-5-.19(3).
268. "State" means any of the United States
				except the State of Alabama.
269.
				"Storage" means the actual or intended containment of wastes, either on a
				temporary basis or for a period of years, in such a manner as not to constitute
				disposal of such wastes.
270.
				"Storage facility" means any facility or part of a facility at which hazardous
				waste is placed in storage, exclusive of transfer facilities where waste is
				stored for ten days or less and on-site storage by generators in compliance
				with 335-14-3-.03(5).
271. "Storm event" means a 1-year, 24-hour
				storm event or rainfall which measures 1 inch or greater in 1 hour or less as
				determined by measurements taken at the facility, or the closest official
				weather monitoring station.
272.
				"Substantial business relationship" means the extent of a business relationship
				necessary under applicable State of Alabama law to make a guarantee contract
				issued incident to that relationship valid and enforceable. A "substantial
				business relationship" must arise from a pattern of recent or ongoing business
				transactions, in addition to the guarantee itself, such that a currently
				existing business relationship between the guarantor and the owner or operator
				is demonstrated to the satisfaction of the Department.
273. "Sump" means any pit or reservoir that
				meets the definition of tank and those troughs/trenches connected to it that
				serve to collect hazardous waste for transport to hazardous waste storage,
				treatment, or disposal facilities; except that as used in the landfill, surface
				impoundment, and waste pile rules, "sump" means any lined pit or reservoir that
				serves to collect liquids drained from a leachate collection and removal system
				or leak detection system for subsequent removal from the system.
274. "Surface impoundment" or "impoundment"
				means a facility or part of a facility which is a natural topographic
				depression, man-made excavation, or diked area formed primarily of earthen
				materials (although it may be lined with man-made materials) which is designed
				to hold an accumulation of liquid wastes or wastes containing free liquids, and
				which is not an injection well. Examples of surface impoundments are holding,
				storage, settling, and aeration pits, ponds, and lagoons.
275. "SWMU corrective action facility" for
				the purposes of
				335-14-5-.08 means a facility
				which is subject to the requirements of
				335-14-5-.06(12)
				for the corrective action of Solid Waste Management Units, and has been issued
				a permit or an enforceable document (as defined in
				335-14-8-.01(1)(c)7.)
				in accordance with 335-14-8 or an order pursuant to Section 3008(h) of
				RCRA.
276. "Tank" means a
				stationary device, designed to contain an accumulation of hazardous waste which
				is constructed primarily of non-earthen materials (e.g., wood, concrete, steel,
				plastic) which provide structural support.
277. "Tank system" means a hazardous waste
				storage or treatment tank and its associated ancillary equipment and
				containment system.
278. "Teaching
				hospital" for the purposes of
				335-14-3-.12 means a hospital
				that trains students to become physicians, nurses or other health or laboratory
				personnel.
279. "TEQ" means
				toxicity equivalence, the international method of relating the toxicity of
				various dioxin/furan congeners to the toxicity of
				2,3,7,8-tetrachlorodibenzo-p-dioxin.
280. "Thermal treatment" means the treatment
				of hazardous waste in a device which uses elevated temperatures as the primary
				means to change the chemical, physical, or biological character or composition
				of the hazardous waste. Examples of thermal treatment processes are
				incineration, molten salt, pyrolysis, calcination, wet air oxidation, and
				microwave discharge.
281.
				"Thermostat" means a temperature control device that contains metallic mercury
				in an ampule attached to a bimetal sensing element, and mercury-containing
				ampules that have been removed from these temperature control devices in
				compliance with the requirements of rules
				335-14-11-.02(4)(c)2.
				or 335-14-11-.03(4)(c)2.
282. "Totally enclosed treatment
				facility" means a facility for the treatment of hazardous waste which is
				directly connected to an industrial production process and which is constructed
				and operated in a manner which prevents the release of any hazardous waste or
				any constituent thereof into the environment during treatment. An example is a
				pipe in which waste acid is neutralized. An owner or operator who removes
				hazardous waste from a totally enclosed treatment system must comply with the
				applicable standards set forth in Chapter 335-14-3 with respect to any
				hazardous waste removed from the totally enclosed treatment facility. An owner
				or operator who removes hazardous waste from a totally enclosed treatment
				facility may not reintroduce the waste into the totally enclosed treatment
				facility unless the owner/operator has first complied with the applicable
				standards and permit requirements set forth in 335-14-5, 335-14-6, 335-14-8,
				and 335-14-9.
283. "Trade secret"
				includes, but is not limited to, any formula, plan, pattern, process, tool,
				mechanism, compound or procedure, as well as production data or compilation of
				information, financial and marketing data, which is not patented, which is
				known only to certain individuals within a commercial concern who are using it
				to fabricate, produce or compound an article of trade or a service having
				commercial value, and which gives its user an opportunity to obtain a business
				advantage over competitors who do not know of it.
284. "Trained professional" for the purposes
				of 335-14-3-.12 means a person who
				has completed the applicable RCRA training requirements of
				335-14-3-.01(7)(a)7.
				for large quantity generators, or is knowledgeable about normal operations and
				emergencies in accordance with
				335-14-3-.01(6)
				for small quantity generators and very small quantity generators. A trained
				professional may be an employee of the eligible academic entity or may be a
				contractor or vendor who meets the requisite training requirements.
285. "Transfer facility" means any
				transportation related facilities including loading docks, parking areas,
				storage areas, and other areas where shipments of hazardous waste or hazardous
				secondary materials are held for more than 24 hours and not longer than 10 days
				during the normal course of transportation. Transfer facilities that store
				hazardous waste for more than 10 days are subject to regulation as a storage
				facility under Chapters 335-14-5, 335-14-6, 335-14-8, and 335-14-9.
286. "Transport vehicle" means a motor
				vehicle or railcar used for the transportation of cargo by any mode. Each
				cargo-carrying body (trailer, railroad freight car, etc.) is a separate
				transport vehicle.
287.
				"Transportation" means the movement of wastes from the point of generation to
				any intermediate transfer points, and finally to the disposal site.
				288.
288. "Transporter" means a
				person engaged in the off-site transportation of hazardous waste by air, rail,
				highway, or water.
289.
				"Treatability study" means a study in which a hazardous waste is subjected to a
				treatment process to determine:
[1] whether
				the waste is amenable to the treatment process,
[2] what pretreatment (if any) is
				required,
[3] the optimal process
				conditions needed to achieve the desired treatment,
[4] the efficiency of a treatment process for
				a specific waste or wastes, or
[5]
				the characteristics and volumes of residuals from a particular treatment
				process. Also included in this definition for the purpose of
				335-14-2-.01(4)(e) and
				(f) exemptions are liner compatibility,
				corrosion, and other material compatibility studies and toxicological and
				health effects studies. A "treatability study" is not a means to commercially
				treat or dispose of hazardous waste.
290. "Treatment" means any method, technique,
				or process, including neutralization, designed to change the physical,
				chemical, or biological character or composition of any hazardous waste so as
				to neutralize such waste, or so as to render such waste non-hazardous or less
				hazardous, safer for transport, amenable for recovery, amenable for storage, or
				reduced in volume. Such term includes any activity or processing designed to
				change the physical form or chemical composition of hazardous waste so as to
				render it non-hazardous or less hazardous.
291. "Treatment facility" means a location at
				which wastes are subjected to treatment, and may include a facility where waste
				has been generated.
292. "Treatment
				zone" means a soil area of the unsaturated zone of a land treatment unit within
				which hazardous constituents are degraded, transformed or
				immobilized.
293. "Underground
				injection" means the injection of pollutants through a bored, drilled or driven
				shaft or dug hole.
294.
				"Underground source of drinking water" or "USDW" for the purposes of 335-14-8
				means an aquifer or its portion:
(i)
(I) Which supplies any public water system;
				or
(II) Which contains a sufficient
				quantity of groundwater to supply a public water system; and
(III) Currently supplies drinking water for
				human consumption; or
(IV) Contains
				fewer than 10,000 mg/liter total dissolved solids; and
(ii) Which is not an exempted
				aquifer.
295.
				"Underground tank" means a device meeting the definition of "tank" in
				335-14-1-.02 whose entire surface
				area is totally below the surface of and covered by the ground.
296. "Unexploded ordnance (UXO)" for the
				purposes of
				335-14-7-.13 means military
				munitions that have been primed, fused, armed, or otherwise prepared for
				action, and have been fired, dropped, launched, projected, or placed in such a
				manner as to constitute a hazard to operations, installation, personnel, or
				material and remain unexploded either by malfunction, design, or any other
				cause.
297. "Unfit-for-use tank
				system" means a tank system that has been determined through an integrity
				assessment or other inspection to be no longer capable of storing or treating
				hazardous waste without posing a threat of release of hazardous waste to the
				environment.
298. "Universal waste"
				means any of the following hazardous wastes that are subject to the universal
				waste requirements of Chapter 335-14-11:
(i)
				Batteries as described in
				335-14-11-.01(2);
(ii) Pesticides as described in
				335-14-11-.01(3);
(iii) Mercury-containing equipment as
				described in
				335-14-11-.01(4);
(iv) Lamps as described in
				335-14-11-.01(5);
				and
(v) Aerosol cans as described
				in 335-14-11-.01(6).
299. "Universal waste handler":
(i) Means:
(I) A generator [as defined in
				335-14-1-.02(1)(a)]
				of universal waste; or
(II) The
				owner or operator of a facility, including all contiguous property, that
				receives universal waste from other universal waste handlers, accumulates
				universal waste, and sends universal waste to another universal waste handler,
				to a destination facility, or to a foreign destination.
(ii) Does not mean:
(I) A person who treats [except under the
				provisions of
				335-14-11-.02(4)(a) or
				(c) or
				335-14-11-.03(4)(a) or
				(c)], disposes of, or recycles [except under
				the provisions of
				335-14-11-.02(4)(e)
				or 335-14-11-.03(4)(e)]
				universal waste; or
(II) A person
				engaged in the off-site transportation of universal waste by air, rail,
				highway, or water, including a universal waste transfer
				facility.
300.
				"Universal waste transfer facility" means any transportation-related facility
				including loading docks, parking areas, storage areas and other similar areas
				where shipments of universal waste are held during the normal course of
				transportation for ten days or less.
301. "Universal waste transporter" means a
				person engaged in the off-site transportation of universal waste by air, rail,
				highway, or water.
302.
				"Unsaturated zone" or "zone of aeration" means the zone between the land
				surface and the water table.
303.
				"Unplanned episodic event" means an episodic event that the generator did not
				plan or reasonably did not expect to occur, including production process
				upsets, product recalls, accidental spills, or "acts of nature," such as
				tornado, hurricane, or flood.
304.
				"Unwanted material" for the purposes of
				335-14-3-.12 means any chemical,
				mixtures of chemicals, products of experiments or other material from a
				laboratory that is no longer needed, wanted or usable in the laboratory and
				that is destined for hazardous waste determination by a trained professional.
				Unwanted materials include reactive acutely hazardous unwanted materials and
				materials that may eventually be determined not to be solid waste pursuant to
				335-14-2-.01(2),
				or a hazardous waste pursuant to
				335-14-2-.01(3).
				If an eligible academic entity elects to use another equally effective term in
				lieu of "unwanted material," as allowed by
				335-14-3-.12(7)(a)1.(i),
				the equally effective term has the same meaning and is subject to the same
				requirements as "unwanted material".
305. "Uppermost aquifer" means the geologic
				formation nearest the natural ground surface that is an aquifer, as well as
				lower aquifers that are hydraulically interconnected with this aquifer within
				the facility's property boundary.
306. "Used" or "reused" for the purposes of
				335-14-2-.01 a material is used
				or reused if it is either:
(i) Employed as an
				ingredient (including use as an intermediate) in an industrial process to make
				a product (for example, distillation bottoms from one process used as feedstock
				in another process). However, a material will not satisfy this condition if
				distinct components of the material are recovered as separate end products (as
				when metals are recovered from metal-containing secondary materials);
				or
(ii) Employed in a particular
				function or application as an effective substitute for a commercial product
				(for example, spent pickle liquor used as phosphorous precipitant and sludge
				conditioner in wastewater treatment).
307. "Used oil" means any oil that has been
				refined from crude oil, or any synthetic oil, that has been used and as a
				result of such use, is contaminated by physical or chemical
				impurities.
308. "Used oil
				aggregation point" means any site or facility that accepts, aggregates, and/or
				stores used oil collected only from other used oil generation sites owned or
				operated by the owner or operator of the aggregation point, from which oil is
				transported to the aggregation point in shipments of no more than 55 gallons.
				Used oil aggregation points may also accept used oil from household
				do-it-yourselfers.
309. "Used oil
				burner" means a facility where used oil not meeting the specification
				requirements in rule
				335-14-17-.02(2)
				is burned for energy recovery in devices identified in rule
				335-14-17-.07(2)(a).
310. "Used oil collection center" means any
				site or facility that is recognized by the Department, in accordance with rule
				335-14-17-.04(2)(b)
				and accepts/ aggregates and stores used oil collected from used oil generators
				regulated under rule
				335-14-17-.03 who bring used oil
				to the collection center in shipments of no more than 55 gallons under the
				provisions of rule
				335-14-17-.03(6).
				Used oil collection centers may also accept used oil from household
				do-it-yourselfers.
311. "Used oil
				fuel marketer" means any person who conducts either of the following
				activities:
(i) Directs a shipment of
				off-specification used oil from their facility to a used oil burner;
				or
(ii) First claims that used oil
				that is to be burned for energy recovery meets the used oil fuel specifications
				set forth in rule
				335-14-17-.02(2).
312. "Used oil generator" means any person,
				by individual generation site, whose act or process produces used oil or whose
				act first causes used oil to become subject to regulation.
313. "Used oil processing" means chemical or
				physical operations designed to produce from used oil, or to make used oil more
				amenable for production of fuel oils, lubricants, or other used oil-derived
				products. Used oil processing includes, but is not limited to: blending used
				oil with virgin petroleum products, blending used oils to meet the fuel
				specification, filtration, simple distillation, chemical or physical separation
				and re-refining.
314. "Used oil
				processor/re-refiner" means a facility that processes used oil.
315. "Used oil tank" means any stationary
				device, designed to contain an accumulation of used oil which is constructed
				primarily of non-earthen materials, (e.g., wood, concrete, steel, plastic)
				which provides structural support.
316. "Used oil transfer facility" means any
				transportation related facility including loading docks, parking areas, storage
				areas, and other areas where shipments of used oil are held for more than 24
				hours and not longer than 35 days during the normal course of transportation or
				prior to an activity performed pursuant to rule
				335-14-17-.03(1)(b)2.
				Transfer facilities that store used oil for more than 35 days are subject to
				regulation under rule 335-14-17.
317. "Used oil transporter" means any person
				who transports used oil, any person who collects used oil from more than one
				generator and transports the collected oil, and owners and operators of used
				oil transfer facilities. Used oil transporters may consolidate or aggregate
				loads of used oil for purposes of transportation but, with the following
				exception, may not process used oil. Transporters may conduct incidental used
				oil processing operations that occur in the normal course of used oil
				transportation (e.g., settling and water separation), but that are not designed
				to produce (or make more amenable for production of) used oil derived products
				or used oil fuel.
318. "User of the
				electronic manifest system" means a hazardous waste generator, a hazardous
				waste transporter, an owner or operator of a hazardous waste treatment,
				storage, recycling, or disposal facility, or any other person that:
(i) Is required to use a manifest to comply
				with:
(I) Any federal or state requirement to
				track the shipment, transportation, and receipt of hazardous waste or other
				waste material that is shipped from the site of generation to an off-site
				designated facility for treatment, storage, recycling, or disposal;
				or
(II) Any federal or state
				requirement to track the shipment, transportation, and receipt of rejected
				wastes or regulated container residues that are shipped from a designated
				facility to an alternative facility, or returned to the generator;
				and
(ii) Elects to use
				the system to obtain, complete and transmit an electronic manifest format
				supplied by the EPA electronic manifest system, or
(iii) Elects to use the paper manifest form
				and submits to the system for data processing purposes a paper copy of the
				manifest (or data from such a paper copy), in accordance with
				335-14-5-.05(2)(a)1.(v)
				or 335-14-6-.05(2)(a)2.(v).
				These paper copies are submitted for data exchange purposes only and are not
				the official copies of record for legal purposes.
319. "Very Small Quantity Generator (VSQG)"
				is a generator who generates less than or equal to the following amounts in a
				calendar month:
(i) 100 kilograms (220 lbs) of
				nonacute hazardous waste; and
(ii)
				1 kilogram (2.2 lbs) of acute hazardous waste listed in
				335-14-2-.04(2)
				or 335-14-2-.04(4)(e);
				and
(iii) 100 kilograms (220 lbs)
				of any residue or contaminated soil, water, or other debris resulting from the
				cleanup of a spill, into or on any land or water, of any acute hazardous waste
				listed in
				335-14-2-.04(2)
				or 335-14-2-.04(4)(e).
320. "Vessel" means every description of
				watercraft, used or capable of being used as a means of transportation on the
				water.
321. "Waste" means any
				garbage, refuse, sludge from a waste treatment plant, water supply treatment
				plant, or air pollution control facility and other discarded material,
				including solid, liquid, semisolid, or contained gaseous material resulting
				from industrial, commercial, mining, and agricultural operations and from
				community activities, including any material to be discarded by a generator,
				but such term does not include solid or dissolved material in domestic sewage,
				or solid or dissolved material in irrigation return flows or industrial
				discharges which are point sources subject to permits under
				33 U.S.C. §
												1342 or source, special nuclear or by-product
				material as defined by the Atomic Energy Act of 1954.
322. "Waste stream" for the purposes of
				335-14-3-.08 means a waste of
				given characteristics that is unique to a particular process or individual
				generation site.
323. "Wastewater
				treatment unit" means a device which:
(i) Is
				part of a wastewater treatment facility that is subject to regulation under
				either Section 402 or 307(b) of the Clean Water Act; and
(ii) Receives and treats or stores an
				influent wastewater which is a hazardous waste as defined in
				335-14-2-.01(3),
				or that generates and accumulates a wastewater treatment sludge that is a
				hazardous waste as defined in
				335-14-2-.01(3),
				or treats or stores a wastewater treatment sludge which is a hazardous waste as
				defined in
				335-14-2-.01(3);
				and
(iii) Meets the definition of
				tank or tank system in
				335-14-1-.02.
324. "Water (bulk shipment)" means the bulk
				transportation of hazardous waste which is loaded or carried on board a vessel
				without containers or labels.
325.
				"Week" means a calendar week (e.g. Sunday-Saturday).
326. "Weekly" means once during each calendar
				week.
327. "Well" means any shaft
				or pit dug or bored into the earth, generally of a cylindrical form, and often
				walled with bricks or tubing to prevent the earth from caving in.
328. "Well injection" means "underground
				injection".
329. "Wipe" means a
				woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric,
				cotton, polyester blends, or other material.
330. "Working container" for the purposes of
				335-14-3-.12 means a small
				container (i.e., two gallons or less) that is in use at a laboratory bench,
				hood, or other work station, to collect unwanted material from a laboratory
				experiment or procedure.
331.
				"Working day" for the purposes of
				335-14-3-.08 means any day,
				Monday through Friday, on which the offices of the Alabama Department of
				Environmental Management are open for business, and shall not include weekends
				or any State of Alabama observed holiday.
332. "Zone of engineering control" means an
				area under the control of the owner/operator that, upon detection of a
				hazardous waste release, can be readily cleaned up prior to the release of
				hazardous waste or hazardous constituents to groundwater or surface
				water.
333. The following terms are
				used in the specifications for the financial tests for closure, post-closure
				care, and liability coverage. The definitions are intended to assist in the
				understanding of these regulations and are not intended to limit the meanings
				of terms in a way that conflicts with generally accepted accounting practices.
(i) "Assets" means all existing and all
				probable future economic benefits obtained or controlled by a particular
				entity.
(ii) "Current assets" means
				cash or other assets or resources commonly identified as those which are
				reasonably expected to be realized in cash or sold or consumed during the
				normal operating cycle of the business.
(iii) "Current liabilities" means obligations
				whose liquidation is reasonably expected to require the use of existing
				resources properly classifiable as current assets or the creation of other
				current liabilities.
(iv) "Current
				plugging and abandonment cost estimate" means the most recent of the estimates
				prepared in accordance with 40 CFR §
													144.62(a), (b), and
				(c) or any State equivalent.
(v) "Independently audited" refers to an
				audit performed by an independent certified public accountant in accordance
				with generally accepted auditing standards.
(vi) "Liabilities" means probable future
				sacrifices of economic benefits arising from present obligations to transfer
				assets or provide services to other entities in the future as a result of past
				transactions or events.
(vii) "Net
				working capital" means current assets minus current liabilities.
(viii) "Net worth" means total assets minus
				total liabilities and is equivalent to owner's equity.
(ix) "Tangible net worth" means the tangible
				assets that remain after deducting liabilities; such assets would not include
				intangibles such as goodwill and rights to patents or royalties.
334. In the liability insurance
				requirements the terms "bodily injury" and "property damage" shall have the
				meanings given these terms by applicable State of Alabama law. However, these
				terms do not include those liabilities which, consistent with standard industry
				practice, are excluded from coverage in liability policies for bodily injury
				and property damage. The Department intends the meanings of other terms used in
				the liability insurance requirements to be consistent with their common
				meanings within the insurance industry. The definitions given below of several
				of the terms are intended to assist in the understanding of these regulations
				and are not intended to limit their meanings in a way that conflicts with
				general insurance industry usage.
(i)
				"Accidental occurrence" means an accident, including continuous or repeated
				exposure to conditions, which results in bodily injury or property damage
				neither expected nor intended from the standpoint of the insured.
(ii) "Legal defense costs" means any expenses
				that an insurer incurs in defending against claims of third parties brought
				under the terms and conditions of an insurance policy.
(iii) "Nonsudden accidental occurrence" means
				an occurrence which takes place over time and involves continuous or repeated
				exposure.
(iv) "Sudden accidental
				occurrence" means an occurrence which is not continuous or repeated in
				nature.