Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 1 - General Provisions › Section 252:515-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise. Any term not defined in this Chapter shall be defined as set forth
				  in OAC
				  252:515-1-3.
"Active"
means, when used to describe a solid
				  waste disposal facility or a portion thereof (e.g., active MSWLF or active
				  cell), any solid waste disposal facility, or portion thereof, accepting solid
				  waste as of the effective date of this Chapter, regardless of whether such
				  facility has obtained a solid waste permit from DEQ.
"Active life"
means the period of operation
				  beginning with the initial receipt of solid waste and ending at completion of
				  closure activities.
"Active portion"
means:
(A) that part of a land disposal facility that has or is
				  receiving waste and that has not received either intermediate or final cover;
				  or
(B) solid waste process and storage areas at non-land
				  disposal facilities.
"Airport"
means a public-use airport open to the
				  public without prior permission, and without restrictions within the physical
				  capacities of available facilities.
"Applicant"
means any person who applies for a
				  new permit or a modification to an existing permit for a solid waste disposal
				  facility identified in OAC
				  252:515-3-1(a) and
				  (b).
"Aquifer"
means a geological formation, group of
				  formations, or portion of a formation capable of yielding significant
				  quantities of groundwater to wells or springs.
"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 land disposal facility, because of natural or
				  man-induced events, results in the downslope transport of soil and rock
				  material by means of gravitational influence. Such areas include, but are not
				  limited to, landslides, avalanches, debris slides and flows, soil fluction,
				  block sliding, and rock fall.
"ASTM"
means the American Society for Testing
				  and Materials.
"Bird hazard"
means an increase in the
				  likelihood of bird/aircraft collisions that may cause damage to the aircraft or
				  injury to its occupants.
"Buffer zone"
means a designated waste-free area
				  within the permit boundary of a disposal facility, to separate waste handling,
				  processing, and/or disposal activities from adjacent areas.
"Citizen collection station"
means a designated
				  location that is established or sponsored by a governmental entity and equipped
				  with waste receptacles for exclusive, non-commercial use by individual
				  residents to deposit their own household waste for collection and
				  transportation to a permitted disposal site.
"CLIMOCS"
means the following publication of the
				  Oklahoma Climatological Survey: Shafer, Mark A., CLIMOCS: A Climatological
				  Summary of 168 Oklahoma Cooperative Stations, Oklahoma Climatological Survey,
				  February 1993, 184 pp.
"Composite liner"
means a system installed at a
				  land disposal facility composed of a recompacted clay liner overlain with a
				  flexible membrane liner.
"C&D landfill"
means a
				  construction/demolition landfill.
"Composting facility"
means a facility in which
				  material is converted, under thermophilic conditions, to a product with a high
				  humus content for use as a soil amendment or to prevent or remediate pollutants
				  in soil, air, and stormwater run-off.
"Construction/demolition waste"
means waste
				  composed of the following:
(A) asbestos-free waste from construction and/or demolition
				  projects that may include such materials as metal, concrete, brick, asphalt,
				  glass, roofing materials, limited amounts of packing materials, sheetrock, or
				  lumber;
(B) wood waste that may include such materials as yard waste,
				  lumber, woodchips, wood shavings, sawdust, plywood, tree limbs, or tree stumps;
(C) yard waste that may include such materials as grass
				  clippings, tree limbs, tree stumps, shrubbery, flowers, or other vegetative
				  matter resulting from land clearing or landscaping operations; or
(D) residential lead-based paint waste.
"Contaminated stormwater"
means:
(A) water such as leachate and gas collection condensate, or
				  stormwater that has come into direct contact with solid waste or waste handling
				  and/or treatment areas;
(B) stormwater discharged from areas of a land disposal
				  facility with less than six inches of waste-free, compacted earthen material;
				  or
(C) wastewater resulting from washing vehicles or areas that
				  are or have been in direct contact with solid waste.
"DEQ"
means the Oklahoma Department of
				  Environmental Quality.
"Disease vector"
means rodents, flies,
				  mosquitoes, or other animals, including insects, capable of transmitting
				  disease to humans.
"Displacement"
means the relative movement of
				  any two sides of a fault measured in any direction.
"Disposal"
means the final disposition of waste
				  and shall be taken to include any discharge, deposit, injection, dumping,
				  spilling, leaking, or placing of waste into or on the land or water so that the
				  waste or any constituent thereof may enter the environment, including the air
				  and any surface waters or ground waters.
"Disposal area"
means that part of a land
				  disposal facility where waste is disposed.
"Disposal facility"
means disposal site as
				  defined at 27A O.S. § 2-10-103.
"Engineer"
means a licensed, professional
				  engineer.
"EPA"
means the United States Environmental
				  Protection Agency.
"Existing"
means, when used to describe a solid
				  waste disposal facility or portion thereof (e.g. existing MSWLF or existing
				  cell), any solid waste disposal facility, or portion thereof, that had a solid
				  waste permit as of the effective date of this Chapter.
"Facility"
means all contiguous land and
				  structures, other appurtenances, and improvements on the land used for the
				  handling, processing, storage, and/or disposal of solid waste.
"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.
"Final closure"
means a disposal facility has
				  permanently ceased to accept solid waste for disposal and all required closure
				  activities have been completed for the entire facility in accordance with the
				  approved closure plan. Final closure is not synonymous with phased closure.
"Flood"
means the general and temporary
				  condition of partial or complete inundation of normally dry land areas from the
				  overflow of a lake, stream, river or other body of surface water, or the
				  unusual and rapid accumulation or runoff of surface waters from any
				  source.
"Flood, One hundred year (100 year)"
means a
				  flood that has a one percent or greater chance of occurrence in any given one
				  year period, or of a magnitude equaled or exceeded once in 100 years on the
				  average over a significantly long period.
"Flood plain"
means the lowland and relatively
				  flat areas adjoining inland waters that are inundated by the 100-year
				  flood.
"Gas condensate"
means the liquid generated as a
				  result of gas recovery processes.
"Generator"
means, in the context of NHIW, any
				  person, by site, whose act or process produces NHIW, or whose act first causes
				  an NHIW to become subject to regulation.
"Groundwater"
means water below the land surface
				  in a zone of saturation.
"Hazardous waste"
means those wastes subject to
				  regulation under OAC 252:205.
"HBV"
means hepatitis B virus.
"HIV"
means human immunodeficiency virus.
"Holocene"
means the most recent epoch of the
				  Quaternary period, extending from the end of the Pleistocene Epoch to the
				  present.
"Household hazardous waste"
means household
				  waste that is corrosive, toxic, ignitable, or reactive, including, but not
				  limited to: freon-containing appliances or tanks; non-empty propane tanks; oil,
				  antifreeze, and other motor vehicle fluids; gasoline, kerosene, or diesel fuel;
				  liquid paints; solvents; pesticides, herbicides, fungicides, or rodenticides;
				  caustic cleaners; lead-acid batteries; swimming pool chemicals; unused firearm
				  rounds; and acids and bases.
"Household waste"
means any solid waste
				  (including garbage, trash, and sanitary waste in septic tanks) derived from
				  households (including single and multiple residences, hotels and motels,
				  bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and
				  day-use recreation areas).
"Injection well"
means a facility subject to
				  regulation by OAC 252:652, Underground Injection Control.
"Karst terrains"
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 features of karst terrains include, but are not limited
				  to, sinkholes, sinking streams, caves, large springs, and blind valleys.
"Land disposal facility"
means a landfill, or
				  any other discrete area of land or land excavation, where solid waste is placed
				  for treatment, processing, and/or disposal. Land disposal facility does not
				  include:
(A) land application where solid waste is placed onto, or
				  incorporated into, the soil as a soil amendment, fertilizer, or other
				  legitimate agricultural purpose;
(B) a surface impoundment that is either permitted by DEQ's
				  Water Quality Division or is a part of an approved liquid waste management
				  system at a permitted solid waste disposal facility;
(C) composting facilities;
(D) an injection well;
(E) a solid waste transfer station;
(F) a Used Tire Recycling Facility; or
(G) a Roofing Material Recycling Facility
"Landfill"
means a discrete area of land or a
				  land excavation in which solid waste is placed for permanent disposal.
"Large NHIW generator"
means any business, by
				  site, that generates over 10,000 tons of NHIW in Oklahoma during a calendar
				  year. This definition does not include facilities that are permitted to receive
				  and process solid waste generated by others.
"Leachate"
means liquid that has passed through
				  or emerged from solid waste and contains soluble, suspended, or miscible
				  materials removed from such waste. This includes:
(A) fluid collected in a leachate collection system,
				  including its sumps, surface impoundments, tanks, or other similar locations;
				  and
(B) fluid collected on top of the bottom liner of a disposal
				  cell that has received solid waste; and
(C) leachate seeps from disposal cells that have received
				  solid waste.
"Liquid waste"
means any waste that is
				  determined to contain "free liquids" as defined by the PFLT.
"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 term does not include man-made
				  materials, such as fill, concrete, and asphalt, or unconsolidated earth
				  materials, soil, or regolith lying at or near the earth surface.
"Litter fence"
means an easily portable fence to
				  be located adjacent to the working face to assist with control of blowing
				  material.
"Lower explosive limit"
means the lowest percent
				  by volume of a mixture of explosive gases that will propagate flame in air at
				  25°C and atmospheric pressure.
"Maximum horizontal acceleration"
means the
				  maximum expected horizontal acceleration of lithified earth material, 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.
"MSWLF"
means Municipal Solid Waste Landfill; a
				  publicly or privately owned landfill that is or has received household waste. A
				  MSWLF may also receive other types of non-hazardous solid wastes, such as
				  nonhazardous sludge, NHIW, special waste, and construction/demolition
				  waste.
"Natural disaster"
means a natural occurrence or
				  event (such as a tornado, flood, or forest or prairie fire) of such magnitude
				  that the resultant damage and destruction produce quantities of wastes that
				  overtax available solid waste management systems.
"NHIW"
means non-hazardous industrial solid
				  waste, as defined at 27A O.S. § 2-10-103. Examples of NHIW are listed in
				  Appendix F of this Chapter.
"Non-contaminated stormwater"
means:
(A) stormwater that has not come into direct contact with
				  solid waste, waste handling and/or treatment areas;
(B) stormwater discharging from areas of a land disposal
				  facility that has at least six inches of waste-free, compacted earthen
				  material; and
(C) wastewater resulting from washing vehicles or areas that
				  have not been in direct contact with solid waste.
"Oklahoma Uniform Environmental Permitting Act"
means 27AO.S.§2-14-101
et seq
. and the rules adopted
				  thereunder at OAC 252:4 ("Rules of Practice and Procedure").
"Open burning"
means the combustion of solid
				  waste without:
(A) control of combustion air to maintain adequate
				  temperature for efficient combustion;
(B) containment of the combustion reaction in an enclosed
				  device to provide sufficient residence time and mixing for complete combustion;
				  and
(C) control of the emission of the combustion
				  products.
"Operating record"
means all of the collective
				  records of the facility relating to the site. Such records include, but are not
				  limited to: the permit, modifications, and approvals; records concerning waste
				  received; any sampling or analyses performed by the facility; closure,
				  post-closure and corrective action plans; financial assurance records;
				  inspection and compliance evaluation correspondence; reports; and scale tickets
				  and related fee payment documentation.
"Owner/operator"
means the person who owns a
				  solid waste disposal facility and/or is responsible for the overall operation
				  of a facility or part of a facility.
"OWRB"
means the Oklahoma Water Resources
				  Board.
"Permit boundary"
means the outermost edge of
				  the area described by legal description in the owner/operator's permit. The
				  permitted boundary includes the area in the buffer zone.
"PFLT"
means Paint Filter Liquids Test, EPA
				  Method 9095.
"Phased closure"
means the closing of individual
				  disposal cells at a land disposal facility as they become full. Phased closure
				  is not synonymous with final closure.
"Piezometer"
means a small-diameter well used to
				  make groundwater elevation measurements.
"Point source discharge"
means any discharge of
				  water that, when leaving the permit boundary of a facility, has been channeled
				  or altered by man's activity in working that site.
"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
				  disposal facility.
"POTW"
means Publicly Owned Treatment Works; a
				  waste water treatment system, as defined at 27A O.S. § 2-6-101(9), that is
				  owned by a State or municipality for the treatment of municipal or industrial
				  wastewaters.
"Qualified groundwater scientist"
means a
				  scientist or engineer who has received a baccalaureate or post-graduate degree
				  in the natural sciences or engineering and has sufficient training and
				  experience in groundwater hydrology and related fields as may be demonstrated
				  by State registration, professional Certifications, or completion of accredited
				  university programs that enable that individual to make sound professional
				  judgments regarding groundwater monitoring, contaminant fate and transport, and
				  corrective action.
"Recharge area"
means an area where water is
				  absorbed and added to the zone of saturation.
"Regulated medical waste"
means a waste or
				  reusable material that contains an etiologic agent and is generated in the
				  diagnosis, treatment or immunization of human beings or animals; research
				  pertaining to the diagnosis, treatment or immunization of human beings or
				  animals; or the production or testing of biological products. Such waste
				  includes, but is not limited to:
(A) cultures and stocks of etiologic agents or live vaccines,
				  and culture dishes, devices, paper, and cloth that has come into contact with
				  such cultures, stocks or live vaccines;
(B) human blood, blood products, and human body fluids,
				  except urine or feces;
(C) pathological wastes consisting of human tissues, organs,
				  and body parts removed during surgery, autopsy, biopsy and other medical
				  procedures;
(D) untreated sharps;
(E) used blood collection bags, tubes, and vials;
(F) contaminated carcasses, body parts and bedding of animals
				  intentionally exposed to pathogens in research, in the production of
				  biologicals or the "in vivo" testing of pharmaceuticals;
(G) items contaminated with blood or other human body fluids
				  which drip freely or would release such materials in a liquid or semi-liquid
				  state if compressed or are caked with dried blood or body fluids and are
				  capable of releasing these materials;
(H) isolation wastes unless determined to be non-infectious
				  by the infection control committee at the health care facility;
(I) HIV-containing cell or tissue cultures, organ cultures,
				  and HIV- or HBV-containing culture medium or other solutions; and blood,
				  organs, or other tissues from experimental animals infected with HIV or
				  HBV;
(J) all disposable materials that have come in contact with
				  cytotoxic or antineoplastic agents during the preparation, handling, and
				  administration of such agents. Such wastes include, but are not limited to,
				  masks, gloves, gowns, empty IV tubing and bags, vials, and other contaminated
				  materials; and
(K) any other material or equipment which, in the
				  determination of the health care facility staff, infection control committee or
				  other responsible party, presents a significant danger of infection because it
				  is contaminated with, or may reasonably be expected to be contaminated with,
				  etiologic agents.
"Residential lead-based paint waste"
means
				  lead-based paint debris, chips, dust, sludges, and other similar wastes
				  generated as a result of abatement, rehabilitation, renovation, or remodeling
				  activities in individual residences.
"Run-off"
means any rainwater, leachate, or
				  other liquid that drains over land from any part of a facility.
"Run-on"
means any rainwater, leachate, or other
				  liquid that drains over land onto any part of a facility.
"Saturated zone"
means that part of the earth's
				  crust in which all voids are filled with water.
"Scavenging"
means the uncontrolled, unorganized
				  sorting, collecting, or removing of solid waste at the disposal site.
"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 two hundred fifty (250)
				  years;
"Sludge"
means the definition found at 27A O.S.
				  § 2-10-401.
"Solid waste"
means the definition found at 27A
				  O.S. § 2-10-103.
"Special waste"
means those wastes that are not
				  hazardous wastes but because of their nature or volume, require special or
				  additional handling aside from that given to routine household refuse. This
				  includes but is not limited to: sludge, septic tank pumpings, grease trap
				  wastes, dead animals, packing house offal and tankage, waste fats and oils,
				  hatchery wastes, cannery wastes, NHIW, tires, and asbestos wastes.
"Structural components"
mean liners, leachate
				  collection systems, final covers, run-on/run-off systems, and any other
				  component used in the construction and operation of a land disposal facility
				  that is necessary for protection of human health and the environment.
"Surface impoundment"
means a natural
				  topographic depression, human-made excavation, or diked area formed primarily
				  of earthen materials (although it may be lined with man-made materials), that
				  is designed to hold an accumulation of liquid wastes or wastes containing free
				  liquids and that is not an injection well. Examples of surface impoundments are
				  holding, storage, settling, and aeration pits, ponds, and lagoons.
"Surface water"
means water that stands on the
				  surface of the land in reservoirs, lakes, ponds, sloughs, or swamps, or that
				  flows across the land in rivers, creeks, or streams.
"SW-846"
means EPA Publication SW-846, Test
				  Methods for the Evaluation of Solid Waste Physical/Chemical Characteristics.
"Tremie pipe"
means a device, usually a
				  small-diameter flexible or rigid pipe, that carries filter pack or bentonite
				  cement from the bottom to the top of a borehole or annular space without
				  forming void spaces. In some cases, a well casing or hollow stem auger can be
				  considered a tremie pipe.
"Unstable area"
means a location that is
				  susceptible to natural or human-induced events or forces capable of impairing
				  the integrity of some or all of the structural components responsible for
				  preventing releases from a land disposal facility. Unstable areas can include
				  poor foundation conditions, areas susceptible to mass movements, and Karst
				  terrains.
"Uppermost aquifer"
means the geologic formation
				  nearest the natural ground surface that is an aquifer, as well as lower
				  aquifers that are hydraulically interconnected with this aquifer within the
				  facility's property boundary.
"Used Tire Recycling Facility"
means the
				  definition found at 27A O.S. § 2-11-401.1(15).
"Waste pile"
means any non-containerized
				  accumulation of solid, non-flowing waste.
"Waters of the state"
means the definition found
				  at 27A O.S. §1-1-201(20).
"Wetlands"
mean those areas that are inundated
				  or saturated by surface or groundwater at a frequency and duration sufficient
				  to support, and that under normal circumstances do support, a prevalence of
				  vegetation typically adapted for life in saturated soil conditions. Wetlands
				  include, but are not limited to, swamps, marshes, bogs, and similar areas.
"Working face"
means the place within a land
				  disposal facility where waste has been deposited and has not been covered with
				  at least intermediate cover.
"Yard waste composting facility"
means a
				  composting facility that only accepts yard waste.
"Zone of aeration
" means a subsurface zone
				  containing water under a pressure lower than that of the atmosphere, including
				  water held by capillarity; and containing air or gases generally under
				  atmospheric pressure. This zone is bounded above by the land surface and below
				  by the water table; and is synonymous with vadose zone and unsaturated
				  zone.
"Zone of saturation"
means a subsurface zone in
				  which essentially all the interstices are filled with water under pressure
				  greater than that of the atmosphere. Although the zone may contain interstices
				  filled with gas or liquids other than water, it is still considered saturated.
				  This zone is separated from the zone of aeration by the water table and is
				  synonymous with phreatic zone.
Added at 20 Ok Reg 1151, eff 6-1-03 ; Amended at 27 Ok Reg
					 2149, eff 7-11-10 ; Amended at 29 Ok Reg 1005, eff 7-1-12 ; Added at 30 Ok Reg
					 1080, eff 7-1-13