Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.10 - Landfill Location › Rule 17.50.1002 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following definitions apply:
(1) "100-year flood" means a flood that has a
				one percent or greater chance of recurring in any given year or a flood of a
				magnitude equalled or exceeded once in 100 years on the average over a
				significantly long period.
(2)
				"Airport" means public-use airport open to the public without prior permission
				and without restrictions within the physical capacities of available
				facilities.
(3) "Active portion"
				means that part of a facility or unit that has received or is receiving wastes
				and that has not been closed in accordance with ARM
				17.50.1403.
(4) "Aquifer" means any geologic formation,
				group of formations, or part of a formation capable of yielding significant
				quantities of ground water to wells or springs.
(5) "Areas susceptible to mass movement"
				means those areas of influence (i.e., areas characterized as having an active
				or substantial possibility of mass movement) where the movement of earth
				material at, beneath, or adjacent to the Class II or lined Class IV landfill
				unit, because of natural or artificially-caused events, results in the
				downslope transport of soil and rock material by means of gravitational
				influence. Areas of mass movement include, but are not limited to, landslides,
				avalanches, debris slides and flows, soil fluction, block sliding, and rock
				fall.
(6) "Bird hazard" means an
				increase in the likelihood of bird/aircraft collisions that may cause damage to
				the aircraft or injury to its occupants.
(7) "Class II landfill facility" has the
				meaning given in ARM
				17.50.504.
(8) "Class III landfill facility" has the
				meaning given in ARM 17.50.504.
(9)
				"Closure" has the meaning given in ARM
				17.50.502.
(10) "Department" has the meaning given in
				ARM 17.50.502.
(11) "Destruction or
				adverse modification" means a direct or indirect alteration of critical habitat
				that appreciably diminishes the likelihood of the survival and recovery of
				threatened or endangered species using that habitat.
(12) "Displacement" means the relative
				movement of any two sides of a fault measured in any direction.
(13) "Disposal" has the meaning given in
				75-10-203, MCA.
(14) "Endangered or threatened species" means
				any species listed as such pursuant to section 4 of the federal Endangered
				Species Act of 1973.
(15)
				"Existing," when used in conjunction with "unit" or a type of unit, has the
				meaning given in ARM 17.50.502.
(16) "Facility" has the meaning given in ARM
				17.50.502.
(17) "Fault" means a
				fracture or a zone of fractures in any material along which strata on one side
				have been displaced with respect to that on the other side.
(18) "Floodplain" means the lowland and
				relatively flat areas adjoining inland and coastal waters, including flood
				prone areas of offshore islands, that are inundated by the 100-year
				flood.
(19) "Ground water" has the
				meaning given in ARM 17.50.502.
(20) "Holocene" means the most recent epoch
				of the Quaternary period, extending from the end of the Pleistocene Epoch to
				the present.
(21) "Karst terranes"
				means areas where karst topography, with its characteristic surface and
				subterranean features, is developed as the result of dissolution of limestone,
				dolomite, or other soluble rock. Characteristic physiographic features present
				in karst terranes include, but are not limited to, sinkholes, sinking streams,
				caves, large springs, and blind valleys.
(22) "Landfill" has the meaning given in ARM
				17.50.502.
(23) "Lateral expansion"
				has the meaning given in ARM 17.50.502.
(24) "Leachate" has the meaning given in ARM
				17.50.502.
(25) "Licensee" has the
				meaning given in ARM 17.50.502.
(26) "Lithified earth material" means all
				rock, including all naturally occurring and naturally formed aggregates or
				masses of minerals or small particles of older rock that formed by
				crystallization of magma or by induration of loose sediments. This definition
				does not include artificial materials, such as fill, concrete, and asphalt, or
				unconsolidated earth materials, soil, or regolith lying at or near the earth
				surface.
(27) "Maximum horizontal
				acceleration in lithified earth material" means the maximum expected horizontal
				acceleration depicted on a seismic hazard map, with a 90 percent or greater
				probability that the acceleration will not be exceeded in 250 years, or the
				maximum expected horizontal acceleration based on a site-specific seismic risk
				assessment.
(28) "New," when used
				in conjunction with "unit" or a type of unit, has the meaning given in ARM
				17.50.502.
(29) "Operator" has the
				meaning given in ARM 17.50.502.
(30) "Owner" has the meaning given in ARM
				17.50.502.
(31) "Poor foundation
				conditions" means those areas where features exist that indicate that a natural
				or artificially-caused event may result in inadequate foundation support for
				the structural components of a Class II or lined Class IV landfill
				unit.
(32) "Post-closure care" has
				the meaning given in ARM 17.50.502.
(33) "Run-off" means any rainwater, leachate,
				or other liquid that drains over land from any part of a facility.
(34) "Run-on" means any rainwater, leachate,
				or other liquid that drains over land onto any part of a facility.
(35) "Seismic impact zone" means an area with
				a ten percent or greater probability that the maximum horizontal acceleration
				in lithified earth material, expressed as a percentage of the earth's
				gravitational pull (g), will exceed 0.10g in 250 years.
(36) "Solid waste management system" has the
				meaning given in
				75-10-203, MCA.
(37) "Structural components" means liners,
				leachate collection systems, final covers, run-on/run-off systems, and any
				other component used in the construction and operation of a Class II or lined
				Class IV landfill unit that is necessary for protection of human health and the
				environment.
(38) "Taking" means
				harassing, harming, pursuing, hunting, wounding, killing, trapping, capturing,
				or collecting or attempting to engage in such conduct.
(39) "Unit" has the meaning given in ARM
				17.50.502.
(40) "Unstable area"
				means a location that is susceptible to natural or artificially-caused events
				or forces capable of impairing the integrity of some or all of the landfill
				structural components responsible for preventing releases from a landfill.
				Unstable areas can include poor foundation conditions, areas susceptible to
				mass movements, and Karst terranes.
(41) "Washout" means the carrying away of
				solid waste by waters of the base flood.
(42) "Wetlands" has the meaning given in
				40 CFR
				232.2.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;