New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever a term used in 20.9.2 - 20.9.10 NMAC is defined in
				  the Solid Waste Act, the term shall have the meaning given in the Solid Waste
				  Act, unless otherwise defined in this part.
A. Terms starting with the letter 'A' are
				defined as follows.
(1) "Act" means the Solid
				Waste Act, NMSA 1978, Sections
				74-9-1, et
				seq.
(2) "Active life" means the
				period of operation beginning with the initial receipt of solid waste and
				ending at completion of closure activities in accordance with 20.9.6
				NMAC.
(3) "Active portion" means
				that part of a facility that has received or is receiving wastes and that has
				not been closed in accordance with 20.9.6 NMAC.
(4) "Air curtain incinerator" means an
				incineration facility used for burning yard refuse that operates by forcefully
				projecting a curtain of air across an open chamber or pit in which combustion
				occurs, controls emission of the combustion products, is not designed to burn
				more than ten tons of yard refuse per hour, and has obtained an air quality
				permit or registration.
(5)
				"Airport" means public use airports open to the public without prior permission
				and without restrictions within the physical capacities of available
				facilities, but does not include aero-club airports operated on a military
				installation.
(6) "Alluvial fan"
				means a low, outspread, relatively flat to gentle sloping mass of loose
				sediment, shaped like an open fan or a segment of a cone, deposited by a stream
				at a place where it issues from a narrow mountain valley upon a plain or broad
				valley.
(7) "Antineoplastic drug"
				means cancer chemotherapy drugs previously called cytotoxics or anti-cancer
				drugs that have the ability to kill or stop growth in living cells.
(8) "Aquifer" means a geologic formation,
				group of formations, or portions of a formation capable of yielding ground
				water to wells or springs. The uppermost aquifer is the aquifer nearest the
				natural ground surface including lower aquifers that are hydraulically
				interconnected with this aquifer.
(9) "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 landfill unit, because of natural or
				man-induced events, results in the down slope 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,
				solifluction, block sliding, and rock fall.
(10) "Asbestos waste" means a solid waste
				that contains more than 1 percent asbestos:
(a) "friable asbestos material" means any
				material containing more than 1 percent asbestos, that, when dry, can be
				crumbled, pulverized, or reduced to powder by hand pressure;
(b) "category I non-friable asbestos
				containing material" means asbestos containing packings, gaskets, resilient
				floor covering, and asphalt roofing products containing more than 1 percent
				asbestos;
(c) "category II
				non-friable asbestos containing material" means any material, excluding
				category I non-friable asbestos containing material, containing more than one
				percent asbestos, that, when dry, cannot be crumbled, pulverized , or reduced
				to powder by hand; and
(d)
				"regulated asbestos waste" means friable asbestos material; category I
				non-friable asbestos containing material that has become friable; category I
				non-friable asbestos containing material that will be or has been subjected to
				sanding, grinding, cutting or abrading; or category II non-friable asbestos
				containing material that has a high probability of becoming or has become
				broken, crumbled, pulverized, or reduced to powder by the forces expected to
				act on the material in the course of excavation, renovation, demolition,
				storage, transportation, or while exposed during disposal
				operations.
(11) "Ash"
				means the ash that results from the incineration or transformation of solid
				waste at a power generating facility or solid waste facility and includes both
				fly ash and bottom ash, and ash from the incineration of
				densified-refuse-derived fuel and refuse-derived fuel, but does not include
				residue from structure fires, fireplaces, air curtain incinerators, or small
				animal crematoria or ash generated by the combustion of yard waste for energy
				production, or fly ash waste, bottom ash waste, slag waste and flue gas
				emission control waste generated primarily from the combustion of coal or other
				fossil fuels and wastes produced in conjunction with the combustion of fossil
				fuels that are necessarily associated with the production of energy and that
				traditionally have been and actually are mixed with and are disposed of or
				treated at the same time with fly ash, bottom ash, boiler slag or flue gas
				emission control wastes from coal combustion.