Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-3 - Definitions

Current through 2024-29, July 17, 2024
For purposes of this Chapter, terms not defined in this
				  section have the meaning given them in 38 M.R.S. sections 361-A and 1303- C,
				  and in other chapters of the Hazardous Waste Management Rules, 06-096 C.M.R.
				  chs. 850 - 858. The following terms as used in this Chapter have the following
				  meaning unless the context indicates otherwise.
A.
Aboveground tank.
"Aboveground tank" means a device meeting the definition of "tank" which 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) can be visually inspected.
B.
Active Life.
"Active life"
				means the period from the initial receipt of hazardous waste at the facility
				until the Department receives certification of final closure.
C.
Ancillary equipment.
"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
				or treatment tanks to a point of disposal on-site, or to a point of shipment
				for disposal offsite.
D.
Claims made policy.
"Claims made policy" means an insurance policy
				that provides coverage for an occurrence for which a claim arising out of the
				occurrence is made during the term of the policy or any extension
				thereof.
E.
Component.
"Component" means either the tank or ancillary equipment of a tank
				system.
F.
Container.
"Container" means any portable device in which a material is stored,
				transported, treated, disposed of, or otherwise handled.
G.
Corrosion expert.
"Corrosion
				expert" means a person who has knowledge of the physical sciences and the
				principles of engineering and mathematics acquired by a professional education
				and related practical experience and 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 a licensed 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.
H.
Dike.
"Dike" means a berm,
				embankment or ridge of either natural or man-made materials used to prevent the
				lateral movement of liquids, sludges, solids or other materials.
I.
Existing tank system.
"Existing tank system" or "existing component" means a tank system or component
				used for the storage or treatment of hazardous waste that is in operation, or
				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, and local approvals or permits necessary to begin physical
				construction of the site or installation of the tank system and if either (1) a
				continuous on-site physical construction or installation program has begun, or
				(2) 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.
J.
Final Closure.
"Final closure" means the closure of all hazardous
				waste management units at the facility in accordance with all applicable
				requirements so that hazardous waste management activities are no longer
				conducted, except as provided in
Standards for Generators of Hazardous
				Waste
, 06-096 C.M.R. ch. 851, §
									8(B).
K.
Food chain crops.
"Food chain
				crops" means tobacco, crops grown for human consumption, and crops grown for
				feed for animals whose products are consumed by humans.
L.
Freeboard.
"Freeboard" means
				the vertical distance between the top edge of a tank or surface impoundment
				dike and the surface of the waste contained therein.
M.
Hazardous waste incinerator.
"Hazardous waste incinerator" means an enclosed device using controlled flame
				combustion, a purpose of which is to thermally break down hazardous waste.
				Examples of incinerators are rotary kiln, fluidized bed, and liquid injection
				incinerators, cement kilns and boilers used to thermally treat hazardous
				waste.
N.
Hazardous Waste
				Management Unit.
"Hazardous waste management unit" as is defined in 40
				C.F.R. §260.10.
O.
Hydraulic conductivity.
"Hydraulic conductivity" means a
				recognized measure of water permeability under standard conditions of hydraulic
				head.
P.
Inground
				tank.
"Inground tank" means a device meeting the definition of tank
				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.
Q.
Installation inspector.
Installation inspector means a person who
				has knowledge of the physical sciences and the principles of engineering,
				acquired by a professional education and related practical experience, and is
				qualified to supervise the installation of tank systems.
R.
Landfill.
"Landfill" is
				defined as is defined in 40 C.F.R. §260.10.
S.
Land treatment.
"Land
				treatment" means the treatment of hazardous waste by application onto or
				incorporation into the soil surface so that the waste is rendered nonhazardous
				by soil processes. A land treatment facility is a disposal facility if the
				waste will remain after use of the facility ceases.
T.
Leachate.
"Leachate" means
				any liquid or semi-liquid, including any suspended components therein, that has
				percolated through or drained from hazardous waste.
U.
Leak detection system.
"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)
				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.
V.
Abbreviated
				License.
"Abbreviated License" means authorization to establish,
				construct, alter or operate a facility upon and for so long as the facility is
				in compliance with requirements established by
Licensing of Hazardous
				Waste Facilities
, 06-096 C.M.R. ch. 856, §
									11.
W.
Miscellaneous unit.
"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, waste pile, land treatment unit, landfill, incinerator
				(including boiler or industrial furnace), or underground injection
				well.
X.
Mobile treatment
				facility.
"Mobile treatment facility" means a facility or unit capable
				of being moved and operated at hazardous waste sites for a limited period of
				time at a generator's site. In order to qualify as a "mobile treatment
				facility" units located at generator sites must be operational at more than one
				site in a calendar year.
Y.
New tank system.
"New tank system" 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.
Z.
On ground tank.
"On ground
				tank" means a device meeting the definition of tank which 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.
AA.
Partial
				Closure.
"Partial closure" means the closure of a hazardous waste
				management unit in accordance with the applicable closure requirements of
Interim Licenses for Waste Facilities for Hazardous Waste
,
				06-096 C.M.R. ch. 855 and 06-096 C.M.R. ch. 856 at a facility that contains
				other active hazardous waste management units.
BB.
Principal hazardous constituents
				(PHC).
"Principal hazardous constituents" (PHC) means the hazardous
				constituents identified in
Identification of Hazardous Waste
,
				06-096 C.M.R. ch. 850, Appendix VIII.
CC.
Representative sample.
"Representative sample" means a sample of a universe or whole which can be
				expected and demonstrated to exhibit the average properties of the universe or
				whole.
DD.
Run-off.
"Run-off" means any rainwater, leachate or other liquid that drains from any
				part of the facility property over land, including land which is part of the
				facility property as defined in 06-096 C.M.R. ch. 856, §3 and land which
				is not.
EE.
Run-on.
"Run-on" means any rainwater, leachate or other liquid that drains onto any
				part of the facility property over land, including land which is part of the
				facility property as defined in 06-096 C.M.R. ch. 856, §3 and land which
				is not.
FF.
Seepage
				lagoon.
"Seepage lagoon" means any lagoon in which seepage of liquid
				hazardous waste or leachate through its base or sides is the intended method of
				disposal of liquids from the lagoon.
GG.
Storage.
"Storage" means the
				containment of hazardous waste, either on a temporary basis or for a period of
				years, in such a manner as not to constitute disposal of the hazardous
				waste.
HH.
Sump.
"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.
II.
Surface impoundment.
"Surface 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 or holds an
				accumulation of liquid wastes or wastes containing free liquids, and which is
				not an injection well. Examples of surface impoundments are holding, storage,
				treatment, settling and aeration pits, ponds and lagoons.
JJ.
Tank.
"Tank" means a
				stationary device designed to contain an accumulation of hazardous waste which
				is constructed primarily of non-earthen materials which provide structural
				support.
KK.
Tank system.
"Tank system" means a hazardous waste storage or treatment tank and its
				associated ancillary equipment and containment system.
LL.
Thermal treatment.
"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.
MM.
Treatment.
"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 recover energy or material
				resources from the waste, or so as to render such waste non-hazardous, or less
				hazardous; safer to handle; or amenable for recovery, amenable for storage, or
				reduced in volume.
NN.
Trust
				fund.
"Trust fund" means a trust, established by the owner or operator
				of a hazardous waste facility and administered by a financial institution with
				fiduciary responsibility to carry out the terms of the trust, in which funds
				are held for the purpose of assuring proper closure and post-closure care of
				the facility, as applicable.
OO.
Underground injection.
"Underground injection" means the
				subsurface emplacement of fluids through a bored, dug, drilled or driven well,
				or a subsurface waste disposal system including, but not limited to, a septic
				tank, cesspool, drainage field, seepage lagoon, salt dome formation, salt bed
				formation, underground mine or cave.
PP.
Underground tank.
"Underground tank" means a device meeting the definition of tank whose entire
				surface area is totally below the surface of and covered by the
				ground.
QQ.
Unfit for use
				tank system.
"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.
RR.
Waste pile.
"Waste pile"
				means any non-containerized accumulation of solid, nonflowing hazardous waste
				that is used for storage of the waste prior to treatment or disposal.
SS.
Zone of saturation.
"Zone of
				saturation" means that part of the earth's crust in which all voids are filled
				with water.