Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.9 - Location Standards for the Establishment or Expansion of Hazardous Waste Management Facilities

Current through June 25, 2024
A. Applicability.
				These regulations shall apply to (1) hazardous waste permit applications
				pending before the Mississippi Department of Environmental Quality on the
				effective date of these regulations and (2) hazardous waste permit applications
				submitted to the Mississippi Department of Environmental Quality after the
				effective date of these regulations.
B. Definitions. For purposes of this Rule
				1.9, all words and phrases not defined herein shall have the meanings ascribed
				to them in Section
				17-17-3 of the Mississippi Code
				unless the context clearly indicates otherwise. Terms not defined either herein
				or in Section
				17-17-3 of the Mississippi Code
				shall have their ordinary meanings unless such terms have a specialized meaning
				within the hazardous waste field. Terms having such a specialized meaning are
				to be given that specialized meaning unless otherwise defined herein or in
				Section 17-17- 3 of the Mississippi Code.
(1)
				"Active portion of the facility" means that portion of the facility where
				treatment, storage, or disposal operations are being or have been conducted and
				which is not a closed portion.
(2)
				"Airport" means a public-use airport open to the public without prior
				permission and without restrictions within the physical capacities of available
				facilities.
(3) "Aquifer" means a
				geological formation, group of formations, or portion of a formation capable of
				yielding significant quantities of groundwater to wells or springs.
(4) "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 unit, because of slope stability or
				other natural or man-induced events, results in the downslope transport of soil
				and rock material by means of gravitational influence. Areas of mass movement
				include, but are not limited to, landslides, avalanches, debris slides and
				flows, soil fluction, block sliding, and rock fall.
(5) "Closed portion" means that portion of a
				facility which has closed in accordance with the facility closure plan and all
				applicable closure requirements.
(6) "Department" means the Mississippi
				Department of Environmental Quality.
(7) "Displacement" means the relative
				movement of any two sides of a fault measured in any direction.
(8) "Endangered or threatened species" means
				any species listed as such pursuant to the Federal Endangered Species Act of
				1973, as amended, or as defined by Section
				49-5-105, Mississippi Code of
				1972.
(9) "Facility" means all
				contiguous land, and structures, other appurtenances, and improvements on the
				land, used for treating, storing, or disposing of hazardous waste. A facility
				may consist of several treatment, storage, or disposal operational units (e.g.,
				one or more landfills, surface impoundments, or combinations of
				them).
(10) "Fault" means a
				fracture or a zone of rock fractures in material along which strata on one side
				have been displaced with respect to those on the other side.
(11) "Holocene" means the most recent
				geologic epoch of the Quaternary Period, from the end of the Pleistocene Epoch
				to the present.
(12) "Horizontal
				ground acceleration" means the maximum change in velocity over time relative to
				horizontal movement of the earth's surface as measured at a particular point
				during an earthquake.
(13)
				"Incinerator" means any enclosed device that:
(a) Uses controlled flame combustion and
				neither meets the criteria of classification as a boiler, sludge dryer, or
				carbon regeneration unit, nor is listed as an industrial furnace as these terms
				are defined in 40 CFR
				260.10; or
(b) Meets the definition of infrared
				incinerator or plasma arc incinerator established in
				40 CFR
				260.10.
(14) "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.
(15) "Lake or
				reservoir" means a body of water, not owned by the applicant, having greater
				than ten (10) acres of surface area at such time as the spillway overflows and
				the primary purpose of which is not for wastewater storage or
				treatment.
(16) "Land-Based Unit"
				means a unit subject to Rule
				1.7 (40 CFR, Subpart F) of these
				regulations, including landfills, surface impoundments, waste piles, land
				treatment units, and certain hazardous waste management units subject to Rule
				1.7 (40 CFR, Subpart F) of these
				regulations, Land based unit also means a tank that closes under Rule
				1.7 (
				40 CFR,
				264.197(b) ) of these
				regulations, leaving contaminated soils in place.
(17) "Mass movement" means any downslope unit
				movement of earth materials, including, but not necessarily restricted to,
				landslides, avalanches, debris slides and flows, creep, solifluction,
				blocksliding, rock falls, and slump.
(18) "Nonattainment area" means an area which
				is shown by monitored data or which is calculated by air quality modeling to
				exceed any national ambient air quality standard.
(19) "Non-Land Based Unit" means any
				hazardous waste management unit not subject to Part F of Part 264.
(20) "100-year-flood" means a flood that has
				a 1-percent or greater chance of recurring in any given year or a flood of a
				magnitude equaled or exceeded once in 100 years on the average over a
				significantly long period.
(21)
				"100-year floodplain" means any land area which is subject to a one percent or
				greater chance of flooding in any given year from any source.
(22) "Ordinary waste" means "garbage" as that
				term is defined in Section
				17-17-3 of the Mississippi
				Code.
(23) "Outcrop" means that
				part of a geologic formation or structure that appears at the surface of the
				earth; also, bedrock that is covered only by surficial deposits such as
				alluvium.
(24) "Permit Board" means
				the Mississippi Environmental Quality Permit Board.
(25) "Poor foundation conditions" means those
				areas where features exist which indicate that a natural or man-induced event
				may result in inadequate foundation support for the structural components of a
				land-based or non-land-based unit.
(26) "Seismic impact zone" means an area with
				a ten percent or greater probability that the maximum horizontal acceleration
				in lithified earth material will equal or exceed 0.10g (expressed as a fraction
				of the earth's gravitational pull (g)) in 250 years.
(27) "7Q10 flow" means the average streamflow
				rate over seven (7) consecutive days that may be expected to be reached as an
				annual minimum no more frequently than one (1) year in ten (10).
(28) "Stream or river" means a flowing body
				of water with a 7Q10 flow greater than zero.
(29) "Structural integrity" means the ability
				of a unit to withstand physical forces exerted upon designed components,
				ancillary devices, and containment structures of the unit.
(30) "Surficial deposit" means unconsolidated
				and residual, alluvial, or glacial deposits, lying on bedrock or occurring on
				or near the earth's surface.
(31)
				"Unstable area" means a location that is susceptible to natural or
				human-induced events or forces capable of impairing the structural integrity of
				a commercial hazardous waste management facility constructed at the location.
				Unstable areas can include, but are not limited to, areas exhibiting poor
				foundation conditions, areas susceptible to mass movement, and Karst
				terranes.
(32) "Water well or
				special purpose hole" means a well or hole including but not necessarily
				limited to, a potable well, agricultural well, monitoring well, observation
				well, saline or brackish water withdrawal well, contaminant recovery well, heat
				pump water supply hole, vertical closed-loop system hole, industrial supply
				well, or a rig supply well.
(33)
				"Zone of deformation" means the area adjacent to and surrounding a fault which
				is subject to structural deformation as a result of movement along the fault.
				Geologic features that may occur in a zone of deformation may include, but are
				not limited to, splay or satellite faults, gouge zones, en echelon fault
				clusters, and deformed strata.