Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-3 - Definitions

Current through 2024-29, July 17, 2024
For purposes of this Chapter, terms not defined in this
				  section shall have the meaning given them in 38 M.R.S. section 361-A and
				  section 1303- C. The following terms as used in this Chapter shall have the
				  following meaning unless the context indicates otherwise:
A.
Debris.
"Debris" means solid
				material exceeding a 60 mm particle size that is intended for disposal and that
				is: a manufactured object; or plant or animal matter; or natural geologic
				material. However, the following materials are not debris: any material for
				which a specific treatment standard is provided in 40 C.F.R. Part 268, namely
				lead acid batteries, cadmium batteries, and radioactive lead solids, process
				residuals such as smelter slag and residues from the treatment of waste,
				wastewater, sludges, or air emission residues; and intact containers of
				hazardous waste that are not ruptured and that retain at least 75% of their
				original volume. For the purposes of this Chapter, mercury-containing items
				such as thermometers, pumps, manometers, thermostats, jars of elemental
				mercury, batteries, dental amalgam collection devices, and ampules are
				containers. A mixture of debris that has not been treated to the standards
				provided by 40 C.F.R. §268.45 and other material is subject to regulation
				as debris if the mixture is comprised primarily of debris, by volume, based on
				visual inspection.
NOTE:
Mercury- containing items are subject
				  to the non-debris mercury treatment standards and must be removed and managed
				  separately from any debris.
B.
Halogenated organic
				compounds.
"Halogenated organic compounds" or "HOCs" means those
				compounds having a carbon halogen bond which are listed in Appendix III of this
				Chapter.
C.
Hazardous
				constituent.
"Hazardous constituent" means a constituent listed in
				Appendix VIII to 06-096 C.M.R. ch. 850.
D.
Hazardous Debris.
"Hazardous
				debris" means debris that contains hazardous waste listed in 06-096 C.M.R. ch.
				850 or that exhibits a characteristic of hazardous waste identified in 06-096
				C.M.R. ch. 850. Any deliberate mixing of prohibited hazardous waste with debris
				that changes its treatment classification (i.e. from waste to hazardous debris)
				is not allowed under the dilution prohibition in Section 6 of this
				Chapter.
E.
Inorganic
				metal-bearing waste.
"Inorganic metal-bearing waste" means a waste for
				which EPA has established treatment standards for metal hazardous constituents,
				and which does not otherwise contain significant organic or cyanide content as
				described in 40 C.F.R. §268.3(c)(1) and is specifically listed in Appendix
				XI of 40 C.F.R. Part 268.
F.
Land disposal.
"Land disposal" means placement in or on the land
				and includes, but is not limited to, placement in a landfill, surface
				impoundment, waste pile, injection well, land treatment facility, salt dome
				formation, salt bed formation, underground mine or cave, or placement in a
				concrete vault or bunker intended for disposal purposes. Land disposal does not
				include placement in a staging pile or corrective action management unit.
G.
Non-wastewaters.
"Non-wastewaters" means wastes that do not meet the definition of
				wastewaters in K below.
H.
Polychlorinated biphenyls.
"Polychlorinated biphenyls" or "PCBs"
				are halogenated organic compounds defined in accordance with 40 C.F.R.
				§761.3.
I.
Soil.
"Soil" means unconsolidated earth material composing the superficial geologic
				strata (material overlying bedrock), consisting of clay, silt, sand, or gravel
				size particles as classified by the U.S. Natural Resources Conservation
				Service, or a mixture of such materials with liquids, sludges or solids which
				is inseparable by simple mechanical removal processes and is made up primarily
				of soil by volume based on visual inspection. Any deliberate mix in of
				prohibited hazardous waste with soil that changes its treatment classification
				(i.e. from waste to contaminated soil) is not allowed under the dilution
				prohibition in Section
				6 of this Chapter.
J.
Underlying hazardous
				constituent.
"Underlying hazardous constituent" means any constituent
				listed in 40 C.F.R. §268.48 Table UTS-Universal Treatment Standards,
				except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably
				be expected to be present at the point of generation of the hazardous waste at
				a concentration above the constituent-specific UTS treatment
				standards.
K.
Wastewaters.
"Wastewaters" means wastes that contain less than 1%
				by weight total organic carbon (TOC) and less than 1% by weight total suspended
				solids (TSS).
L. All other terms
				shall have the meaning specified in 06-096 C.M.R. ch. 854, §3 or 40 C.F.R.
				§260.10.