New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 370 - Hazardous Waste Management System-general › Section 370.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  definitions of
solid waste
and
hazardous waste
are given in section
				  371.1(c) and
				  (d)  of this Title.
(b)
Other definitions.
(1)
Aboveground tank
means a
				  device meeting the definition of tank in this subdivision whereby the entire
				  surface area of the tank is completely above the plane of the adjacent
				  surrounding surface area of the tank (including the tank bottom) is able to be
				  visually inspected.
(2)
Accumulation area
means an area located at or near the point of
				  manufacturer or other activity where the generation of hazardous waste initially
				  occurs and the accumulation is done in accordance with the requirements of
				  section
				  372.2(a)(8)(i) 
				  of this Title.
(3)
Act or
				  RCRA
means the Solid Waste Disposal Act, as amended by the Resource
				  Conservation and Recovery Act of 1976,
				  42 USC 6901
et seq.
(see section
				  370.1[e]
				  of this Part).
(4)
Active
				  life of a facility
means the period from the initial receipt of
				  hazardous waste at the facility until the commissioner receives certification of
				  final closure.
(5)
Active
				  portion
means that portion of a facility where treatment, storage or
				  disposal operations are being or have been conducted and which is not a closed
				  portion. (See also closed portion and inactive portion.)
(6)
Acute hazardous waste
means hazardous wastes that meet the listing criteria in section
				  371.2(b)(1)(ii) 
				  of this Title and therefore are either listed in section
				  371.4(b) 
				  of this Title with the assigned hazard code of (H) or are listed in section
				  371.4(d)(5) 
				  of this Title.
(7)
Administrator
means the Administrator of the U.S. Environmental
				  Protection Agency, or the administrator's designee.
(8)
Aerosol
can also referred
				  to as a
universal waste aerosol
can means a non-refillable
				  receptacle containing a gas compressed, liquefied, or dissolved under pressure,
				  the sole purpose of which is to expel a liquid, paste, or powder and fitted with
				  a self-closing release device allowing the contents to be ejected by the gas.
				  Aerosol can does not include gas cylinders such as propane or
				  acetylene.
(9)
Airport
means a public-use airport open to the public without
				  prior permission and without restrictions within the physical capabilities of
				  available facilities.
(10)
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 storage or treatment tanks, between hazardous waste and storage
				  treatment tanks to a point of disposal onsite or to a point of shipment for
				  disposal offsite.
(11)
Application
means the department's standard forms for applying
				  for a permit under Part 373 of this Title, including any additions, revisions or
				  modifications to the forms. Application also includes the information required by
				  the department under Part 373.
(12)
Approved program or approved state
means a state which has been
				  approved or authorized by EPA under  40 CFR part 271  (see section
				  370.1[e]
				  of this Part).
(13)
Aquifer
means a geologic formation, group of formations, or part
				  of a formation capable of yielding a significant amount of ground water to wells
				  or springs.
(14)
Architectural coatings
means paint used for homes and commercial
				  buildings
(15)
Authorized
				  representative
means the person responsible for the overall operation of
				  a facility or an operational unit (
i.e.,
part of a facility),
				  such as the plant manager, superintendent or person of equivalent
				  responsibility.
(16)
Authorized treatment, storage or disposal facility or authorized facility
				  with respect to a particular hazardous waste
means a treatment, storage
				  or disposal facility which is authorized, under the laws and regulations of both
				  the Federal government and the state in which it is located, to accept the
				  hazardous waste for treatment, storage or disposal.
(17)
Battery
means a device
				  consisting of one or more electrically connected electrochemical cells which is
				  designed to receive, store and deliver electric energy. An electrochemical cell
				  is a system consisting of an anode, cathode, and an electrolyte, plus such
				  connections (electrical and mechanical) as may be needed to allow the cell to
				  deliver or receive electrical energy. The term
battery
also
				  includes an intact, unbroken battery from which the electrolyte has been
				  removed.
(18)
Bodily
				  injury
means injury to the body, sickness or disease, including death
				  resulting from any of these.
(19)
Boiler
means an enclosed device using controlled flame
				  combustion and having the following characteristics:
(i)
(a) the
				  unit must have physical provisions for recovering and exporting thermal energy in
				  the form of steam, heated fluids or heated gases;
(b) the unit's combustion chamber and primary
				  energy recovery section(s) must be of integral design. To be of integral design,
				  the combustion chamber and the primary energy recovery section(s) (such as
				  water-walls and superheaters) must be physically formed into one manufactured or
				  assembled unit. A unit in which the combustion chamber and the primary energy
				  recovery section(s) are joined only by ducts or connections carrying flue gas is
				  not integrally designed; however, secondary energy recovery equipment (such as
				  economizers or air pre-heaters) need not be physically formed into the same unit
				  as the combustion chamber and the primary energy recovery section. The following
				  units are not precluded from being boilers solely because they are not of
				  integral design: process heaters (units that transfer energy directly to a
				  process stream), and fluidized bed combustion units;
(c) while in operation, the unit must maintain
				  a thermal energy recovery efficiency of at least 60 percent, calculated in terms
				  of the recovered energy compared with the thermal value of the fuel;
				  and
(d) the unit must export and
				  utilize at least 75 percent of the recovered energy, calculated on an annual
				  basis. In this calculation, no credit shall be given for recovered heat used
				  internally in the same unit. (Examples of internal use are the preheating of fuel
				  or combustion air, and the driving of induced or forced draft fans or feedwater
				  pumps.); or
(ii) the unit
				  is one which the commissioner has determined, on a case-by-case basis, to be a
				  boiler, after considering the standards in section
				  370.3(f) 
				  of this Part.
(20)
Carbon regeneration unit
means any enclosed thermal treatment
				  device used to regenerate spent activated carbon.
(21)
Cathode ray tube
or
CRT
means a vacuum tube, composed primarily of glass, which is a
				  visual or video display component of an electronic device.
(i) A
used, intact CRT
means a
				  CRT whose vacuum has not been released.
(ii) A
used, broken CRT
means
				  glass that has been removed from the housing or casing of a CRT from which the
				  vacuum has been released.
(22)
Certification
means a
				  statement of professional opinion based upon knowledge and belief.
(23)
Class A explosive
defined
				  in
				  49 CFR
				  173.53 (see section
				  370.1[e]
				  of this Part).
(24)
Class B
				  explosive
defined in  49 CFR 173.88  (see section
				  370.1[e]
				  of this Part).
(25)
CFR
means the
Code of Federal
				  Regulations.
(26)
Characteristic hazardous waste
means a waste which is hazardous
				  solely because it possesses at least one of the characteristics given in section
				  371.3 
				  of this Title.
(27)
Closed
				  portion
means that portion of a facility which an owner or operator has
				  closed in accordance with the approved facility closure plan and all applicable
				  closure requirements. (See also active portion and inactive portion.)
(28)
Closure
means the act of
				  securing a hazardous waste management facility pursuant to the requirements of
				  Part 373 of this Title.
(29)
Commercial hazardous waste facilities or commercial facilities
means a facility that receives from offsite any hazardous waste from any person
				  that is not a part of the same trust, firm, joint-stock company, corporation
				  (including a government corporation), partnership, association state, Federal
				  government and any agency thereof, municipality, commission, political
				  subdivision of a state, or any interstate body, except when small quantities of
				  hazardous wastes from public bodies are accepted on an emergency basis with the
				  approval of the commissioner on a no-cost basis. Treatment, storage and disposal
				  units located at commercial facilities are not considered part of the commercial
				  facility if they manage only hazardous waste initially generated onsite resulting
				  from the recycling of characteristic hazardous wastes or the reclamation of
				  precious metals.
(30)
Commissioner
means the Commissioner of the New York State
				  Department of Environmental Conservation or the commissioner's
				  designee.
(31)
Component
means any constituent part of a unit or any group of
				  constituent parts of a unit which are assembled to perform a specific function
				  (
e.g.,
a pump seal, pump, kiln liner, kiln
				  thermocouple).
(32)
Confined
				  aquifer
means an aquifer bound above and below by impermeable beds or by
				  beds of distinctly lower permeability than that of the aquifer itself; an aquifer
				  containing confined ground water.
(33)
Consignee
means the
				  ultimate treatment, storage or disposal facility in a receiving country to which
				  the hazardous waste will be sent.
(34)
Constituent or hazardous waste
				  constituent
means a constituent which caused the commissioner to list
				  the hazardous waste in section
				  371.4  of
				  this Title or a constituent listed in table 1 of section
				  371.3(e) 
				  of this Title.
(35)
Container
means any portable device in which a material is
				  stored, transported, treated, disposed of, or otherwise handled.
(36)
Containment building
means a hazardous waste management unit that is used to store or treat hazardous
				  waste under the provisions of sections
				  373-2.30 and
				  373-3.30  of
				  this Title.
(37)
Contingency
				  plan
means a document setting out an organized, planned and coordinated
				  course of action to be followed in case of a fire, explosion or release of
				  hazardous waste or hazardous waste constituents which could threaten human health
				  or the environment.
(38)
Corrective action management unit (CAMU)
means an area within a
				  facility that is used only for managing remediation wastes for implementing
				  corrective action or cleanup at the facility.
(39)
Corrosion expert
refers
				  to persons who, by reason of their knowledge of the physical sciences and the
				  principles of engineering and mathematics acquired by a professional education
				  and related practical experience, 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 be a professional engineer registered in New York
				  who has licensing or certification that includes education and experience in
				  corrosion control on buried or submerged metal piping systems and metal
				  tanks.
(40)
Cover
				  material
means soil and other suitable material acceptable to the
				  department that is used to cover compacted solid waste, including hazardous
				  waste, in a land disposal site.
(41)
CRT collector
means a person who receives used, intact CRTs for
				  recycling, repair, resale, or donation.
(42)
CRT exporter
means any
				  person in the United States who initiates a transaction to send used CRTs outside
				  the United States or its territories for recycling or reuse, or any intermediary
				  in the United States arranging for such export.
(43)
CRT glass manufacturer
means a party that conducts an operation or part of an operation that uses a
				  furnace to manufacture CRT glass.
(44)
CRT processing
means
				  conducting the following activities:
(i)
				  receiving broken or intact CRTs; and
(ii) managing the CRTs by:
(a) intentionally breaking intact CRTs or
				  further breaking or separating broken CRTs; and/or
(b) sorting or otherwise managing glass removed
				  from CRT monitors.
(45)
CWA
means the Clean Water
				  Act,
				  33 USC
				  1251
et seq.
(formerly
				  referred to as the Federal Water Pollution Control Act or Federal Water Pollution
				  Control Act amendments of 1972) (see section
				  370.1[e]
				  of this Part).
(46)
Daily
				  cover
means a compacted layer of at least six inches or cover material
				  that is placed on all exposed solid waste, including hazardous waste, in a
				  landfill at the end of each day of operation.
(47)
Department
means the New
				  York State Department of Environmental Conservation.
(48)
Designated treatment, storage or
				  disposal facility or designated facility
means:
(i) a hazardous waste treatment, storage or
				  disposal facility which:
(a) has received a
				  permit (or interim status) from EPA in accordance with the requirements of
				  40 CFR parts
				  270 and
				  124, or a Part 373 permit of
				  equivalent (or interim status), from an approved state, or is regulated under
				  section 471.1(g)(3)(ii) or
				  374-1.6 
				  of this Title, or is exempt from permitting pursuant to section
				  373-1.1(d)(2) 
				  of this Title; and
(b) has been
				  designated on the manifest by the generator pursuant to section
				  372.2(b) 
				  of this Title.
(ii)
Designated facility
also means a generator site designated on
				  the manifest to receive its waste as a return shipment from a facility that has
				  rejected the waste in accordance with section
				  373-2.5(b)(1)(vi)
				 or
				  373-3.5(b)(1)(vi) 
				  of this Title.
(iii) If a waste is
				  destined to a facility in an authorized state which has not yet obtained
				  authorization to regulate that particular waste as hazardous, then the designated
				  facility must be a facility allowed by the receiving state to accept such
				  waste.
(49)
Destination facility
means a facility that treats, disposes of,
				  or recycles a particular category of universal waste, except those management
				  activities described in sections
				  374-3.2(d)(1)
				  and (3) and
				  374-3.3(d)(1)
				  and (3)  of this Title. A facility at which a
				  particular category of universal waste is only accumulated, is not a destination
				  facility for purposes of managing that category of universal waste.
(50)
Dike
means an embankment
				  or ridge of either natural or man-made materials used to prevent the movement of
				  liquids, sludges, solids or other materials.
(51)
Dioxins and furans (D/F)
means tetra, penta, hexa, hepta, and octa-chlorinated dibenzo dioxins and
				  furans.
(52)
Director
means the Director of the Division of Hazardous
				  Substance Regulation of the New York State Department of Environmental
				  Conservation or the Director's designee.
(53)
Discharge or hazardous waste
				  discharge
means the accidental or intentional spilling, leaking,
				  pumping, pouring, emitting, emptying or dumping of solid or hazardous waste into
				  or on any land or water.
(54)
Disposal
means the abandonment, discharge, deposit, injection,
				  dumping, spilling, leaking or placing of any solid waste, including hazardous
				  waste, into or onto any lands or waters of the State, so that such waste or
				  hazardous waste or any related constituent thereof may enter the environment, or
				  be emitted to the air, or discharged to any waters, including ground waters
				  thereof. Disposal also means the thermal destruction of wastes or hazardous waste
				  and the burning of such wastes as fuel for the purpose of recovering usable
				  energy.
(55)
Disposal
				  facility
means a facility or part of a facility at which solid waste,
				  including hazardous waste, is intentionally placed into or on any air, land or
				  water, and at which waste will remain after closure. The term disposal facility
				  does not include a correction action management unit into which remediation
				  wastes are placed.
(56)
Disposer state
means the state in which the designated
				  treatment, storage or disposal facility is located.
(57)
Division
means the
				  Division of Solid and Hazardous Materials of the New York State Department of
				  Environmental Conservation.
(58)
Drip pad
is an engineered structure consisting of a curbed,
				  free-draining base, constructed of non-earthen materials and designed to convey
				  preservative kick-back or drippage from treated wood, precipitation, and surface
				  water run-on to an associated collection system at wood preserving
				  plants.
(59)
ECL or
				  Environmental Conservation Law
means chapter 43-B of the Consolidated
				  Laws of New York State, entitled the Environmental Conservation Law.
(60)
Elementary neutralization
				  unit
means a device which:
(i) is used
				  for neutralizing wastes which are hazardous only because they exhibit the
				  corrosivity characteristic defined in section
				  371.3(c) 
				  of this Title, or are listed in section
				  371.4 
				  solely because they are corrosive; and
(ii) meets the definition of tank, tank system,
				  container, transport vehicle or vessel in this Part.
(61)
Energy recovery
means the
				  beneficial use or reuse or legitimate recycling or reclamation of solid waste,
				  including hazardous waste, through the combustion of such waste to recover
				  energy.
(62)
Environmental
				  Notice Bulletin (ENB)
means the publication of the department published
				  pursuant to section 3-0306  of the Environmental Conservation
				  Law.
(63)
Environmental
				  Protection Agency (EPA)
means the United States Environmental Protection
				  Agency.
(64)
EPA
				  acknowledgment of consent
means the cable sent to EPA from the U.S.
				  Embassy in a receiving country that acknowledges the written consent of the
				  receiving country to accept the hazardous waste and describes the terms and
				  conditions of the receiving country's consent to the shipment.
(65)
EPA hazardous waste
				  number
means the number assigned by the EPA or the commissioner to each
				  hazardous waste listed in section
				  371.4  of
				  this Title and to each characteristic identified in section
				  371.3.
(66)
EPA identification number
means the number assigned by EPA or the commissioner to each generator,
				  transporter, and treatment, storage or disposal facility.
(67)
Equivalent method
means
				  any testing or analytical method approved by the commissioner under this
				  Part.
(68)
Exception
				  report
means the report made by the generator if shipment receipt is not
				  acknowledged by the designated facility pursuant to section
				  372.2(c)(3) 
				  of this Title.
(69)
Existing
				  hazardous waste management (HWM) facility or existing facility
means a
				  facility which was in operation or for which construction commenced on or before
				  November 19, 1980. A facility has commenced construction if the owner or operator
				  has obtained the Federal, State and local approvals or permits necessary to begin
				  physical construction, and either:
(i) a
				  continuous onsite, physical construction program has begun; or
(ii) the owner or operator has entered into
				  contractual obligations, which cannot be cancelled or modified without
				  substantial loss, for physical construction of the facility to be completed
				  within a reasonable time.
(70)
Existing portion
means
				  that land, surface area of an existing waste management unit, included in the
				  original RCRA part. A permit application, on which wastes have been placed prior
				  to the issuance of a permit.
(71)
Existing tank system or existing component
means a tank system
				  or component that is used for the storage or treatment of hazardous waste and
				  that is in operation, or for 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:
(i) a continuous onsite physical
				  construction or installation program has begun; or
(ii) the owner or operator has entered into
				  contractual obligations, which cannot be cancelled or modified without
				  substantial loss, for physical construction of the site or installation of the
				  tank system to be completed within a reasonable time frame.
(72)
Explosives or munitions
				  emergency
means a situation involving the suspected or detected presence
				  of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an
				  improvised explosive device (IED), other potentially explosive material or
				  device, or other potentially harmful military chemical munitions or device, that
				  creates an actual or potential imminent threat to human health, including safety,
				  or the environment, including property, as determined by an explosives or
				  munitions emergency response specialist. Such situations may require immediate
				  and expeditious action by an explosives or munitions emergency response
				  specialist to control, mitigate, or eliminate the threat.
(73)
Explosives or munitions emergency
				  response
means all immediate response activities by an explosives and
				  munitions emergency response specialist to control, mitigate, or eliminate the
				  actual or potential threat encountered during an explosives or munitions
				  emergency. An explosives or munitions emergency response may include in-place
				  render-safe procedures, treatment or destruction of the explosives or munitions
				  and/or transporting those items to another location to be rendered safe, treated,
				  or destroyed. Any reasonable delay in the completion of an explosives or
				  munitions emergency response caused by a necessary, unforeseen, or uncontrollable
				  circumstance will not terminate the explosives or munitions emergency. Explosives
				  and munitions emergency responses can occur on either public or private lands and
				  are not limited to responses at RCRA facilities.
(74)
Explosives or munitions emergency
				  response specialist
means an individual trained in chemical or
				  conventional munitions or explosives handling, transportation, render-safe
				  procedures, or destruction techniques. Explosives or munitions emergency response
				  specialists include Department of Defense (DOD) emergency explosive ordnance
				  disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or
				  contractor personnel; and other Federal, State, or local government, or civilian
				  personnel similarly trained in explosives or munitions emergency
				  responses.
(75)
Facility
means:
(i) 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);
(ii) for the
				  purpose of implementing corrective action under section
				  373-2.6(l) 
				  of this Title, all contiguous property under the control of the owner or operator
				  seeking a permit under subtitle C of RCRA or article 27, title 9 of the ECL. This
				  definition also applies to facilities implementing corrective action under
				  Subpart 373-2 of this Title, ECL 71-2727(3), or RCRA section 3008(h);
				  and
(iii) notwithstanding
				  subparagraph (ii) of this paragraph, a remediation waste management site is not a
				  facility that is subject to section
				  373-2.6(l),
				  corrective action for solid waste management units, of this Title, but is subject
				  to corrective action requirements if the site is located within such a
				  facility.
(76)
Facility mailing list
means the contact list for a facility
				  maintained by the department for communicating in accordance with section
				  621.7(i)(7) 
				  of this Title.
(77)
Federal
				  agency
means any department, agency or other instrumentality of the
				  Federal government, and any independent agency or establishment of the Federal
				  government including any government corporation and the Government Printing
				  Office.
(78)
Federal, State
				  and local approvals or permits necessary to begin physical construction
means permits and approvals required under Federal, State or local hazardous
				  waste control statutes, regulations or ordinances.
(79)
Final closure
means the
				  closure of all hazardous waste management units at the facility in accordance
				  with all applicable closure requirements, so that hazardous waste management
				  activities under Subparts 373-2 and 373-3 of this Title are no longer conducted
				  at the facility unless subject to the provisions in section
				  373.2(a)(8) of this
				  Title.
(80)
Final
				  cover
means the cover material placed on all surfaces of a landfill
				  where no additional refuse will be deposited within one year. These areas must be
				  designed and constructed in accordance with the requirements of section
				  373-2.14 
				  of this Title.
(81)
Flood
				  plain
shall mean any land susceptible to being inundated by water from
				  any source. A 100-year flood plain is that land inundated by a 100-year flood
				  that has a one-percent chance of occurring in any given year.
(82)
Food-chain crops
means
				  tobacco, crops grown for human consumption, and crops grown for feed for animals
				  whose products are consumed by humans.
(83)
Forbidden explosive
is
				  defined in
				  49 CFR section
				  173.51 (see section
				  370.1[e]
				  of this Part).
(84)
Freeboard
means the vertical distance between the lowest
				  elevation of the top of a tank of surface impoundment dike and the surface of the
				  waste contained therein.
(85)
Free liquids
means liquids which readily separate from the solid
				  portion of a waste under ambient temperature and pressure.
(86)
Functionally equivalent
				  component
means a component which performs the same function or
				  measurement and which meets or exceeds the performance specifications of another
				  component.
(87)
Generator
means any person, by site, whose act or process
				  produces hazardous waste as defined in Part 371 of this Title, or whose act first
				  causes a hazardous waste to become subject to regulation.
(88)
Generator state
means the
				  state which is the point of origin for a hazardous waste shipment.
(89)
Ground water
means those
				  waters in the zone of saturation, including perched water areas.
(90)
Hazardous waste
means a
				  hazardous waste as defined in Part 371 of this Title.
(91)
Hazardous waste
				  constituent
means a constituent that caused the commissioner to list the
				  hazardous waste in section
				  371.4  of
				  this Title, or a constituent listed in section
				  371.3(e).
(92)
Hazardous waste
				  management
means the systematic control of the collection, source
				  separation, storage, transportation, processing, treatment, recovery and disposal
				  of hazardous waste.
(93)
Hazardous waste management facility (HWM 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.
Note:
A HWM facility does not include any unit which is designated
					 as a CAMU.
(94)
Hazardous waste management unit
is a contiguous area of land on
				  or in which hazardous waste is placed, or the largest area in which there is
				  significant likelihood of mixing hazardous waste constituents in the same area.
				  Examples of hazardous waste management units include a surface impoundment, a
				  waste pile, a land treatment area, a landfill cell, an incinerator, a tank and
				  its associated piping and underlying containment system, and a container storage
				  area. A container alone does not constitute a unit; the unit includes containers
				  and the land or pad upon which they are placed.
(95)
Households
include, but
				  are not limited to, single and multiple residences, hotels and motels,
				  bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day
				  use recreation areas. (See household hazardous waste.)
(96)
Household hazardous waste
means household waste which but for its point of origin would be a hazardous
				  waste under Part 371 of this Title and includes all pesticides as defined in ECL
				  article 33, that originate from a household. (See households.)
(97)
Household hazardous waste
				  collection facility
means any facility or site authorized, under Subpart
				  362-4 of this Title, to accept household hazardous waste, or waste from
				  conditionally exempt small quantity generators or eligible farmers on a
				  temporary, periodic, or permanent basis.
(98)
Inactive portion
means
				  that portion of a facility which is not operated after November 19,
				  1980.
(99)
Incinerator
means any enclosed device that:
(i) uses controlled flame combustion and
				  neither meets the criteria for classification as a boiler, sludge dryer or carbon
				  regeneration unit, nor is listed as an industrial furnace. Air pollution
				  consequences of hazardous waste incinerators are regulated pursuant to Parts 200,
				  201, 212, 225 and 257 of this Title; or
(ii) meets the definition of infrared
				  incinerator or plasma arc incinerator.
(100)
Incompatible waste
means
				  a hazardous waste which is unsuitable for:
(i)
				  placement in a particular device or facility because it may cause corrosion or
				  decay of contaminant materials; or
(ii) commingling with another waste or material
				  under uncontrolled conditions because the commingling might produce heat or
				  pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes or
				  gases, or flammable fumes or gases.
(101)
Individual generation
				  site
means the contiguous site at or on which one or more hazardous
				  wastes are generated. An individual generation site, such as a large
				  manufacturing plant, may have one or more sources of hazardous waste, but is
				  considered a single or individual generation site if the site or property is
				  contiguous.
(102)
Industrial
				  furnace
means any of the following enclosed devices that are integral
				  components of manufacturing processes and use thermal treatment to accomplish
				  recovery of materials or energy:
(i) cement
				  kilns;
(ii) lime kilns;
(iii) aggregate kilns;
(iv) phosphate kilns;
(v) coke ovens;
(vi) blast furnaces;
(vii) smelting, melting and refining furnaces
				  (including pyrometallurgical devices such as cupolas, reverberator furnaces,
				  sintering machines, roasters and foundry furnaces);
(viii) titanium dioxide chloride process
				  oxidation reactors;
(ix) methane
				  reforming furnaces;
(x) pulping
				  liquor recovery furnaces;
(xi)
				  combustion devices used in the recovery of sulfur values from spent sulfuric
				  acid;
(xii) halogen acid furnaces
				  (HAFs) for the production of acid from halogenated hazardous waste generated by
				  chemical production facilities where the furnace is located on the site of a
				  chemical production facility, the acid product has a halogen acid content of at
				  least three percent, the acid product is used in a manufacturing process, and,
				  except for hazardous waste burned as fuel, hazardous waste fed to the furnace has
				  a minimum halogen content of 20 percent as-generated;
(xiii) such other devices as the commissioner
				  may, after notice and comment, add to this list on the basis of one or more of
				  the following factors:
(a) the design and use
				  of the device primarily to accomplish recovery of material products;
(b) the use of the device to burn or reduce raw
				  materials to make a material product;
(c) the use of the device to burn or reduce
				  secondary materials as effective substitutes for raw materials in processes using
				  raw materials as principal feedstocks;
(d) the use of the device to burn or reduce
				  secondary materials as ingredients in an industrial process to make a material
				  product;
(e) the use of the device in
				  common industrial practice to produce a material product; and
(f) other factors, as appropriate.
(103)
Infrared
				  incinerator
means any enclosed device that uses electric-powered
				  resistance heaters as a source of radiant heat followed by an afterburner using
				  controlled flame combustion and which is not listed as an industrial
				  furnace.
(104)
Inground
				  tank
means a device meeting the definition of tank in this subdivision
				  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.
(105)
Injection well
means a well into which fluids are injected. See
				  also underground injection.
(106)
Inner liner
means a continuous layer of material placed inside a
				  tank or container which protects the construction materials of the tank or
				  container from the contained waste or reagents used to treat the waste.
(107)
In operation
means a
				  facility which is treating, storing or disposing of hazardous waste.
(108)
Installation inspector
means persons who, by reason of their knowledge of the physical sciences and the
				  principles of engineering, acquired by a professional education and related
				  practical experience, is qualified to supervise the installation of tank
				  systems.
(109)
Interconnected
				  tanks
means tanks that have interconnected piping such that equipment
				  failure at any point in the tank system or operator error could result in the
				  release of hazardous waste from more than one tank into the secondary containment
				  system.
(110)
International
				  shipment
means the transportation of hazardous waste into or out of the
				  jurisdiction of the United States.
(111)
Lamp,
also referred to
				  as
universal waste lamp,
is defined as the bulb or tube portion
				  of an electric lighting device. A lamp is specifically designed to produce
				  radiant energy, most often in the ultraviolet, visible, and infrared regions of
				  the electromagnetic spectrum. Examples of common universal waste electric lamps
				  include, but are not limited to, fluorescent, high intensity discharge, neon,
				  mercury vapor, high pressure sodium, and metal halide lamps.
(112)
Land disposal
means
				  placement of hazardous waste in or on the land, except in a corrective action
				  management unit, 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, an underground mine or cave, or placement in
				  a concrete vault or bunker intended for disposal purposes.
(113)
Landfill
means a
				  disposal facility or part of a facility where solid waste, including hazardous
				  waste, is placed in or on land, and which is not a pile, a land treatment
				  facility, a surface impoundment, or underground injection well, a salt dome
				  formation, a salt bed formation, an underground mine, a cave, or a corrective
				  action management unit.
(114)
Landfill cell
means a discrete volume of a solid or hazardous
				  waste landfill which uses a liner to provide isolation of wastes from adjacent
				  cells or wastes. Examples of landfill cells are lined trenches and
				  pits.
(115)
Land treatment
				  facility
means a facility or part of a facility at which solid waste,
				  including hazardous waste, is applied onto or incorporated into the soil surface.
				  Such facilities are disposal facilities if the waste will remain after
				  closure.
(116)
Leachate
means a liquid, including any suspended components or
				  dissolved compounds in the liquid, which has been in contact with or passed
				  through solid waste, including hazardous waste.
(117)
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 for
				  releases into the secondary containment system of aboveground tanks) 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 or hazardous waste into the secondary containment
				  structure.
(118)
Liner
means a continuous layer of natural or synthetic
				  materials, beneath or on the sides of a surface impoundment, landfill or landfill
				  cell, which restricts the downward or lateral escape of solid waste, including
				  hazardous waste, any constituents of such waste, or leachate.
(119)
Listed hazardous waste
means a hazardous waste that is listed in section
				  371.4  of
				  this Title.
(120)
Management
				  or hazardous waste management
means the systematic control of the
				  collection, source separation, storage, transportation, processing, treatment,
				  recovery and disposal of hazardous waste.
(121)
Manifest
means the
				  shipping document EPA form 8700-22 (including, if necessary, EPA form 8700-22A),
				  originated and signed by the generator or offeror in accordance with the
				  instructions in Appendix 30 of this Title and the applicable requirements of
				  Parts 372 and 373 of this Title.
(122)
Manifest tracking number
means the alphanumeric identification number (
i.e.,
a unique
				  three-letter suffix preceded by nine numerical digits), which is pre-printed in
				  item 4 of the manifest by a registered source (see section
				  372.2[b][9] 
				  of this Title).
(123)
Mercury-containing equipment
means a device or part of a device
				  (including thermostats, but excluding batteries and lamps) that contains
				  elemental mercury integral to its function.
(124)
Military munitions
means
				  all ammunition products and components produced or used by or for the U.S.
				  Department of Defense or the U.S. Armed Services for national defense and
				  security, including military munitions under the control of the Department of
				  Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National
				  Guard personnel. The term
military munitions
includes: confined
				  gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and
				  riot control agents, smokes, and incendiaries used by DOD components, including
				  bulk explosives and chemical warfare agents, chemical munitions, rockets, guided
				  and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition,
				  small arms ammunition, grenades, mines, torpedoes, depth charges, cluster
				  munitions and dispensers, demolition charges, and devices and components thereof.
				  Military munitions do not include wholly inert items, improvised explosive
				  devices, and nuclear weapons, nuclear devices, and nuclear components thereof.
				  However, the term does include non-nuclear components of nuclear devices, managed
				  under DOE's nuclear weapons program after all required sanitization operations
				  under the Atomic Energy Act of 1954, as amended, have been completed.
(125)
Mining overburden returned to the
				  mine site
means any material overlying an economic mineral deposit which
				  is removed to gain access to that deposit and is then used for reclamation of a
				  surface mine.
(126)
Miscellaneous unit
means a hazardous waste management unit where
				  the hazardous waste is treated, stored, or disposed of and that is not a
				  container, tank, surface impoundment, pile, land treatment unit, landfill,
				  incinerator, boiler, industrial furnace, underground injection well with
				  appropriate technical standards under  40 CFR part 146  (see section
				  370.1[e]
				  of this Part), containment building, corrective action management unit, unit
				  eligible for a research, development and demonstration permit under section
				  373-1.9(c) 
				  of this Title, or staging pile.
(127)
Movement
means that volume of hazardous waste transported to a
				  facility in an individual vehicle.
(128)
New hazardous waste management
				  facility or new facility
means a facility which began operation or for
				  which construction commenced after November 19, 1980. See also existing hazardous
				  waste management facility.
(129)
New tank system or new tank component
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; except, however, for
				  purposes of sections
				  373-2.10(d)(7)(ii)
				 and
				  373-3.10(d)(7)(ii) 
				  of this Title, a new tank system is one for which construction commences after
				  July 14, 1986. (See also existing tank system.)
(130)
NYCRR
means the Official
				  Compilation of Codes, Rules and Regulations of the State of New York.
(131)
Offsite
means any
				  property which is not onsite.
(132)
Onground tank
means a device meeting the definition of tank in
				  this subdivision whereby 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.
(133)
Onsite
means:
(i) the same,
				  geographically contiguous property which may be divided by public or private
				  right-of-way, provided the entrance and exit between the properties is at a
				  cross- roads intersection and access is by crossing, as opposed to going along,
				  the right-of-way; provided, however, where two portions of the property are
				  rented or leased by different persons, those portions are not on-site with
				  respect to each other but are on-site with respect to portions operated by the
				  property owner; or
(ii)
				  geographically contiguous properties, owned and operated by the same person,
				  which may be divided by public or private right-of-way, provided the entrance and
				  exit between the properties is at a cross-roads intersection and access is by
				  crossing, as opposed to going along, the right-of-way; or
(iii) noncontiguous properties, owned and
				  operated by the same person, but connected by a right-of-way which that person
				  controls and to which the public does not have access.
(134)
Open burning
means the
				  combustion of any material in the absence of the following characteristics:
(i) control of combustion air to maintain
				  adequate temperature for efficient combustion;
(ii) containment of the combustion reaction in
				  an enclosed device to provide sufficient residence time and mixing for complete
				  combustion; and
(iii) control of
				  emissions of the gaseous combustion products. (See also incineration and thermal
				  treatment.)
(135)
Operator
means the person responsible for the overall operation
				  of a facility.
(136)
Owner
means the person who owns a facility or part of a
				  facility.
(137)
Paint
also referred to as
universal waste paint
means interior and exterior architectural and structural coatings, including, but
				  not limited to, primers, sealers, resin (single component), epoxy-based flooring
				  paint (single-component), lacquers, latex, water-based paint, oil-based paint,
				  and bridge paint. Paint does not include other industrial, original equipment or
				  specialty coatings, paint thinners, or paint contaminated applicators, debris or
				  personal protective equipment.
(138)
Partial closure
means the closure of a hazardous waste
				  management unit in accordance with the applicable closure requirements of
				  Subparts 373-2 and 373-3 of this Title at a facility that contains other active
				  hazardous waste management units. For example, partial closure may include the
				  closure of a tank (including its associated piping and underlying containment
				  systems), landfill cell, surface impoundment, waste pile, or other hazardous
				  waste management unit, while other units of the same facility continue to
				  operate.
(139)
Permit
means an authorization, license or equivalent control
				  document issued by New York State Department of Environmental Conservation to
				  implement the requirements of Part 373 of this Title. Permit does not include
				  interim status (section
				  373-1.3  of this
				  Title), or any permit which has not yet been the subject of final agency action,
				  such as a draft permit or a proposed permit.
(140)
Person
means an
				  individual, trust, firm, joint-stock company, corporation (including a government
				  corporation), partnership, association, state, Federal government and any agency
				  thereof, municipality, commission, political subdivision of a state, or any
				  interstate body.
(141)
Personnel or facility personnel
means all persons who work at or
				  oversee the operations of a hazardous waste facility, and whose actions or
				  failure to act may result in noncompliance with the requirements of Part 373 of
				  this Title.
(142)
Pesticide
means any substance or mixture of substances intended
				  for preventing, destroying, repelling, or mitigating any pest, or intended for
				  use as a plant regulator, defoliant, or desiccant, other than any article that:
(i) is a new animal drug under FFDCA section
				  201(w), as incorporated by reference in section
				  370.1(e) 
				  of this Part;
(ii) is an animal drug
				  that has been determined by regulation of the Secretary of Health and Human
				  Services not to be a new animal drug; or
(iii) is an animal feed under FFDCA section
				  201(x) that bears or contains any substances described by subparagraph (i) or
				  (ii) of this paragraph.
(143)
Physical construction
means excavation, movement of earth, erection of forms or structures, or similar
				  activity to prepare an HWM facility to accept hazardous waste.
(144)
Pile
means any
				  noncontainerized accumulation of solid, nonflowing solid waste, including
				  hazardous waste, that is used for treatment or placement and that is not a
				  containment building.
(145)
Plasma arc incinerator
means any enclosed device using a high
				  intensity electrical discharge or arc as a source of heat followed by an
				  afterburner using controlled flame combustion and which is not listed as an
				  industrial furnace.
(146)
Point source
means any discernible, confined and discrete
				  conveyance, including but not limited to any pipe, ditch, channel, tunnel,
				  conduit, well, discrete fissure, container, rolling stock, concentrated animal
				  feeding operation, or vessel or other floating craft, from which pollutants are
				  or may be discharged.
(147)
Primary exporter
means any person who is required to originate
				  the manifest for a shipment of hazardous waste in accordance with Part 372 of
				  this Title which specifies a treatment, storage or disposal facility in a
				  receiving country as the facility to which the hazardous waste will be sent and
				  any intermediary arranging for the export.
(148)
Processing facility
means a combination of structures, machinery or devices utilized to reduce or
				  alter the volume, chemical or physical characteristics of solid waste, including
				  hazardous waste, through processes such as baling or shredding prior to delivery
				  of such waste to a resource recovery facility, sanitary landfill or incinerator,
				  or hazardous waste treatment, storage or disposal facility, and excludes
				  collection vehicles.
(149)
Publicly owned treatment works or POTW
means any device or
				  system used in the treatment (including recycling and reclamation) of municipal
				  sewage or industrial wastes of a liquid nature which is owned by a state or
				  municipality, as defined by section 502 of the Clean Water Act,
				  33 USC
				  1362 (see section
				  370.1[e]
				  of this Part). This definition includes sewers, pipes or other conveyances only
				  if they convey wastewater to a POTW providing treatment.
(150)
Qualified ground water
				  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 ground water hydrology and related fields as may be
				  demonstrated by State registration, professional certification, or completion of
				  accredited university courses that enable that individual to make sound
				  professional judgments regarding ground water monitoring and containment fate and
				  transport.
(151)
RCRA or
				  Resource Conservation and Recovery Act
means the Solid Waste Disposal
				  Act as amended by the Resource Conservation and Recovery Act of 1976,
				  42 USC 6901
et seq.
1988 (see section
				  370.1[e]
				  of this Part).
(152)
RCRA
				  delegated permit
means a permit issued by the department for a program
				  for which a comparable permit may be required under the Resource Conservation and
				  Recovery Act (RCRA) of 1976,
				  42 USC 6901
et seq.
1988 (see section
				  370.1[e]
				  of this Part for hazardous waste management facilities [HWMF]).
(153)
Receiving country
means
				  a foreign country to which a hazardous waste is sent for the purpose of
				  treatment, storage or disposal (except short-term storage incidental to
				  transport).
(154)
Reclaim,
				  recover or recycle
means any method, technique or process utilized to
				  separate, process, modify, convert or treat or otherwise prepare hazardous waste
				  so that component materials or substances may be used or reused as raw materials
				  or energy sources.
(155)
Regional permit administrator
means an employee of the
				  department located in each of the nine regional offices of the department and
				  designated by the commissioner to act on the commissioner's behalf in carrying
				  out Part 621 of this Title. Regional permit administrators' addresses and the
				  counties under their jurisdiction can be found in Appendix 1 of this
				  Title.
(156)
Regional
				  administrator
means the regional administrator of the appropriate
				  regional office of the Environmental Protection Agency or the regional
				  administrator's designee.
(157)
Remedial action plan (RAP)
means a special form of Part 373
				  permit that a facility owner or operator may obtain instead of a permit issued
				  under Subpart 373-1 of this Title, except sections
				  373-1.3 and
				  373-1.11 
				  of this Title, to authorize the treatment, storage or disposal of hazardous
				  remediation waste (as defined in this subdivision) at a remediation waste
				  management site.
(158)
Remediation waste
means all solid and hazardous waste, and all
				  media (including ground water, surface water, soils and sediments) and debris,
				  that are managed for implementing cleanup.
(159)
Remediation waste management
				  site
means a facility where an owner or operator is or will be treating,
				  storing or disposing of hazardous remediation wastes. A remediation waste
				  management site is not a facility that is subject to corrective action under
				  section
				  373-2.6(l) 
				  of this Title, but is subject to corrective action requirements if the site is
				  located in such a facility.
(160)
Replacement unit
means a landfill, surface impoundment, or waste
				  pile unit:
(i) from which all or substantially
				  all of the waste is removed; and
(ii)
				  that is subsequently reused to treat, store or dispose of hazardous waste.
				  Replacement unit does not apply to a unit from which waste is removed during
				  closure, if the subsequent reuse solely involves the disposal of waste from that
				  unit and other closing units or corrective action areas at the facility, in
				  accordance with an approved closure plan or EPA or department-approved corrective
				  action.
(161)
Representative sample
means a sample of a universe or whole
				  (
e.g.,
waste pile, lagoon, ground water) which can be expected
				  to exhibit the average properties of the universe or whole.
(162)
Resource recovery
				  facility
means a combination of structures, machinery or devices,
				  utilized to separate, process, modify, convert, treat or prepare collected solid
				  or hazardous waste so that component materials or substances or recoverable
				  material may be used as a raw material or energy source.
(163)
Runoff
means any
				  rainwater, leachate or other liquid that drains over land from any part of a
				  facility.
(164)
Run-on
means any rainwater, leachate or other liquid that drains
				  over land onto any part of a facility.
(165)
Sanitary landfill
means
				  a land disposal site employing an engineered method of disposing of solid wastes
				  on land in a manner that minimizes environmental hazards and meets the design and
				  operation requirements of Parts 360 and 363 of this Title.
(166)
Saturated zone or zone of
				  saturation
means that part of the earth's crust in which all voids are
				  filled with water.
(167)
Schedule of compliance
means a schedule of remedial measures
				  included in a permit, including an enforceable sequence of interim requirements
				  (for example, actions, operations or milestone events) leading to compliance with
				  the regulations of Parts 370, 371, 372, 373, 374 and 376 of this Title.
(168)
Secure landburial
				  facility
means a land disposal facility meeting the design and operation
				  requirements of Part 373 of this Title for the proper disposal of hazardous
				  wastes, so that such wastes are immobilized or otherwise prevented from release
				  to the environment or rendered harmless or decomposed into harmless materials
				  within the facility.
(169)
Site
means the land or water areas where any facility or
				  activity is physically located or conducted, including adjacent land used in
				  connection with the facility or activity.
(170)
Sludge
means any solid,
				  semisolid or liquid waste generated from a municipal, commercial or industrial
				  wastewater treatment plant, water supply treatment plant, or air pollution
				  control facility. Sludge does not include the treated effluent from a wastewater
				  treatment plant.
(171)
Sludge
				  dryer
means any enclosed thermal treatment device that is used to
				  dehydrate sludge and that has a maximum total thermal input, excluding the
				  heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a
				  wet-weight basis.
(172)
Small
				  quantity generator
is a generator who generates the following amounts in
				  a calendar month:
(i) greater than 100 kilograms
				  (220 lbs) but less than 1,000 kilograms (2,200 lbs) of non-acute hazardous waste;
				  and
(ii) less than or equal to 1
				  kilogram (2.2 lbs) of acute hazardous waste listed in section
				  371.4(b) or
				  (d)(5)  of this Title; and
(iii) less than or equal to 100 kilograms (220
				  lbs) of any residue or contaminated soil, water, or other debris resulting from
				  the cleanup of a spill, into or on any land or water, of any acute hazardous
				  waste listed in section
				  371.4(b) or
				  (d)(5)  of this Title.
(173)
Sole source aquifer
means an aquifer system that the United States Environmental Protection Agency,
				  pursuant to the Safe Drinking Water Act,
				  42 USC
				  300h-3(e) (see section
				  370.1[e]
				  of this Part), has determined to be the sole or principal drinking water source
				  for an area and which, if contaminated, would create a significant hazard to
				  public health. The following have been designated sole source aquifers:
(i) The Clinton Street-Ballpark Valley Aquifer
				  System includes the entire municipalities of Vestal, Johnson City, Endicott,
				  Nichols, Waverly and Owego, New York. Its recharge zone is considered to be one
				  and the same with this area. The streamflow source zone is that portion of the
				  Susquehanna River drainage basin composing the upstream headwaters area for the
				  Broome and Tioga County area.
(ii)
				  The Long Island Aquifer System includes the entire Counties of Kings, Queens,
				  Nassau and Suffolk, New York.
(iii)
				  The Schenectady/Niskayuna Aquifer System includes the entire municipalities of
				  Ballston, Burnt Hills, Charlton, Glenville, Niskayuna, Rexford, Rotterdam,
				  Schenectady and Scotia, New York.
(174)
Solid waste
or waste has
				  the meaning defined in Part 371 of this Title.
(175)
Solid waste management
				  facility
means a facility employed beyond the initial solid waste
				  collection process, including but not limited to: storage areas or facilities;
				  transfer stations; rail-haul or barge facilities; processing facilities,
				  including resource recovery facilities, sanitary landfills; secure landburial
				  facilities; incinerators; composting facilities; surface impoundments; and waste
				  oil storage, reprocessing and rerefining facilities.
(176)
Sorbent
means a material
				  that is used to soak up free liquids by either adsorption or absorption, or both.
				  Sorb means to either adsorb or absorb, or both.
(177)
State Pollutant Discharge
				  Elimination System (SPDES)
means those regulations in Part 750 of this
				  Title prescribing procedures and substantive rules concerning the State Pollutant
				  Discharge Elimination System pursuant to ECL article 17, title 8.
(178)
Spill
means the
				  accidental leaking, pumping, emitting, emptying or dumping of hazardous wastes or
				  materials which, when spilled, become hazardous wastes, into or on any land or
				  water.
(179)
Staging
				  pile
means an accumulation of solid, non-flowing remediation waste (as
				  defined in this subdivision) that is not a containment building and that is used
				  only during remedial operations for temporary storage at the facility. Staging
				  piles must be designated by the department according to the requirements of
				  section
				  373-2.19(c) 
				  of this Title.
(180)
State
means any of the United States, the District of Columbia,
				  the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa and the
				  Commonwealth of Northern Mariana Islands.
(181)
State manifest document
				  number
means the number found in box A of the manifest.
(182)
Storage
means the
				  holding of hazardous waste on a temporary basis, in such a manner as not to
				  constitute disposal, at the end of which time the hazardous waste is treated,
				  disposed of, or stored elsewhere.
(183)
Structural coating
means
				  paint used for protective or decorative purposes on components that support built
				  structures. Such components include, but are not limited to, bridges, trusses,
				  girders, stringers and bents used to support walkways, roadways, railways or
				  subways.
(184)
Sump
means any pit or reservoir that meets the definition of tank and those troughs
				  and 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.
(185)
Surface impoundment or
				  impoundment
means a facility or part of a facility which is a natural
				  topographic depression, human-made excavation, or diked area formed primarily of
				  earthen materials (although it may be line with human-made materials), which is
				  designed to hold an accumulation of liquid wastes or wastes containing free
				  liquids, and which is not an injection well. Examples of surface impoundments are
				  holding, storage, settling and aeration pits, ponds and lagoons.
(186)
Surface water
means
				  lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams,
				  creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the
				  territorial limits of New York State and all other bodies of surface water,
				  natural or artificial, inland or coastal, fresh or salt, public or
				  private.
(187)
Tank
means a stationary device designed to contain an accumulation of solid waste,
				  including hazardous waste, which is constructed primarily of nonearthen material
				  (
e.g.,
wood, concrete, steel, plastic) which provides structural
				  support.
(188)
Tank
				  system
means a hazardous waste storage or treatment tank and its
				  associated ancillary equipment and containment system.
(189)
TEQ
means toxicity
				  equivalence, the international method of relating the toxicity of various
				  dioxin/furan congeners to the toxicity of
				  2,3,7,8-tetrachlorodibenzo-p-dioxin.
(190)
Thermal treatment
means
				  the treatment of solid waste, including 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 waste. Examples of thermal treatment
				  processes are incineration, molten salt, pyrolysis, calcination, wet air
				  oxidation, and microwave discharge. (See also
incinerator
and
open burning.
)
(191)
Thermostat
means a temperature control device that contains
				  metallic mercury in an ampule attached to a bimetal sensing element, and
				  mercury-containing ampules that have been removed from these temperature control
				  devices in compliance with the requirements of section
				  374-3.2(d)(3)(ii)
				 or
				  374-3.3(d)(3)(ii) 
				  of this Title.
(192)
Title
means Title 6 of the Official Compilation of Codes, Rules
				  and Regulations of the State of New York.
(193)
Totally enclosed treatment
				  facility
means a facility for the treatment of hazardous waste which is
				  directly connected to an industrial production process and which is constructed
				  and operated in a manner which prevents the release of any hazardous waste or any
				  constituent thereof into the environment during treatment. An example is a pipe
				  in which waste acid is neutralized.
(194)
Transfer facility
means
				  any transportation-related facility, including loading docks, parking areas,
				  storage areas and other similar areas where shipments of hazardous waste are held
				  during the normal course of transportation.
(195)
Transit country
means
				  any foreign country, other than a receiving country, through which a hazardous
				  waste is transported.
(196)
Transporter
means a person engaged in the offsite transportation
				  of hazardous waste by air, rail, highway or water.
(197)
Transport vehicle
. See
				  definition of vehicle.
(198)
Treatability study
means a study in which a hazardous waste is
				  subject to a treatment process to determine:
(i) whether the waste is amenable to the
				  treatment process;
(ii) what
				  pretreatment (if any) is required;
(iii) the optimal process conditions needed to
				  achieve the desired treatment;
(iv)
				  the efficiency of a treatment process for a specific waste or wastes;
				  or
(v) the characteristics and
				  volumes of residuals from a particular treatment process.
Also included in this definition for the purpose of section
					 371.1(e)(4)(iv) and
					 (v)  exemptions are liner compatibility,
					 corrosion, and other material compatibility studies and toxicological and health
					 effect studies. A treatability study is not a means to commercially treat or
					 dispose of hazardous waste.
(199)
Treatment
means any
				  method, technique or process, including neutralization, designed to change the
				  physical, chemical or biological character or composition of any hazardous waste
				  to:
(i) neutralize such waste;
(ii) recover energy or material resources from
				  the waste; or
(iii) render such
				  waste:
(a) nonhazardous or less
				  hazardous;
(b) safer to transport,
				  store or dispose of;
(c) amenable for
				  recovery or storage; or
(d) reduced
				  in volume.
(200)
Treatment, storage, or disposal facility (TSD)
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 operations units
				  (
e.g.,
one or more landfills, surface impoundments or
				  combinations of them).
(201)
Treatment zone
means a soil area of the unsaturated zone of a
				  land treatment unit within which hazardous constituents are degraded, transformed
				  or immobilized.
(202)
UIC
means the underground injection control program under part C
				  of the Safe Drinking Water Act, including an approved program (see section
				  370.1[e]
				  of this Part).
(203)
Ultimate
				  disposal method
means the final method used to treat or dispose of a
				  hazardous waste. The term does not include storage or initial treatments used to
				  prepare a hazardous waste for final disposition. The following are considered
				  ultimate disposal methods: landfills; burning, including thermal treatment;
				  incineration, open burning or energy recovery; treatment which will render the
				  waste nonhazardous or less hazardous, including neutralization; and material
				  recovery which is any method used to reclaim, recover or recycle so that at least
				  75 percent of component materials or substances may be beneficially used or
				  reused as raw materials.
(204)
Underground injection
means the subsurface emplacement of fluids
				  through a bored, drilled or driven well or through a dug well, where the depth of
				  the dug well is greater than the largest surface dimensions. (See also injection
				  well.)
(205)
Underground
				  source of drinking water (USDW)
means an aquifer or its portion:
(i) which supplies any public water system;
				  or
(ii) which contains a sufficient
				  quantity of ground water to supply a public water system; and
(a) currently supplies drinking water for human
				  consumption; or
(b) contains fewer
				  than 10,000 mg/l total dissolved solids; and
(iii) which is not an exempted
				  aquifer.
(206)
Underground tank
means a device meeting the definition of tank
				  in this subdivision whose entire surface area is totally below the surface of and
				  covered by the ground.
(207)
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.
(208)
Universal waste
means
				  any of the following hazardous wastes that are managed under the universal waste
				  requirements of Subpart 374-3 of t his Title:
(i) batteries as described in section
				  374-3.1(b) 
				  of this Title;
(ii) pesticides as
				  described in section
				  374-3.1(c) 
				  of this Title;
(iii)
				  mercury-containing equipment as described in section
				  374-3.1(d) 
				  of this Title;
(iv) lamps as
				  described in section
				  374-3.1(e) 
				  of this Title;
(v) aerosol cans as
				  described in section
				  374-3.1(f)  of this
				  Title; and
(vi) paint as described in
				  section 374-3.1(g)  of this
				  Title.
(209)
Universal waste handler:
(i)
				  means:
('a') a generator (as defined in this
				  subdivision) of universal waste; or
('b') the owner or operator of a facility,
				  including all contiguous property, that receives universal waste from other
				  universal waste handlers, accumulates universal waste, and sends universal waste
				  to another universal waste handler, to a destination facility, or foreign
				  destination;
(ii) does not
				  mean:
('a') a person who treats, disposes of,
				  or recycles universal waste (except as provided in 374-3.2(d) and 374-3.3(d));
				  or
('b') a person engaged in the
				  off-site transportation of universal waste by air, rail, highway, or water,
				  including a universal waste transfer facility.
(210)
Universal waste
				  transporter
means a person engaged in off-site transportation of
				  universal waste by air, rail, highway, or water.
(211)
Unsaturated zone
or
zone of aeration
means the zone between the land surface and the
				  saturated zone.
(212)
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.
(213)
Used engine
				  lubricating oil
means petroleum-based lubricating oil from internal
				  combustion engines that through use has been contaminated by physical or chemical
				  impurities.
(214)
Used engine
				  lubricating oil retention facility
means any facility employed to store
				  used lubricating oil by a service establishment or any other person, industrial
				  operation, airport, trucking terminal or State or local government facility that
				  generates at least 500 gallons of used lubricating oil annually.
(215)
Used oil
means any oil
				  that has been refined from crude oil, or any synthetic oil, that has been used,
				  and, as a result of such use, is contaminated by physical or chemical
				  impurities.
(216)
Vehicle or
				  transport vehicle
means any device or contrivance which is required by
				  law to be registered with a state or province, or with the Federal government,
				  for conveyance over public roads and which actually contains or carries a
				  regulated waste. For example, in the case of tractor-trailer combination, the
				  trailer is considered to be the vehicle; in the case of a roll-off container or
				  other removable containment device, it is the mobile flatbed or the undercarriage
				  that is considered to be the vehicle.
(217)
Vessel
includes every
				  description of watercraft, used or capable of being used as a means of
				  transportation on the water.
(218)
Waste oil
means used engine lubricating oil and any other oil
				  including, but not limited to, used oil, fuel oil, motor oil, gear oil, cutting
				  oil, transmission fluid, hydraulic fluid, dielectric fluid, oil storage tank
				  residues, animal oil and vegetable oil, which has been contaminated by physical
				  or chemical impurities, through use or accident, and has not subsequently been
				  rerefined. Gasoline and wastes derived from gasoline are not considered waste oil
				  for the purposes of this Part.
(219)
Wastewater treatment unit
means a device which:
(i) is part of a wastewater treatment facility
				  which is a surface water point source discharge subject to regulation under ECL
				  article 17 or is subject to regulation under section 307(b) of the Clean Water
				  Act (see section
				  370.1[e]
				  of this Part);
(ii) receives and
				  treats or stores an influent wastewater which is hazardous waste as defined in
				  section
				  371.1(d) 
				  of this Title, or that generates and accumulates a wastewater treatment sludge
				  which is a hazardous waste as defined in section
				  371.1(d),
				  or treats or stores a wastewater treatment sludge which is a hazardous waste as
				  defined in section
				  371.1(d);
				  and
(iii) meets the definition of
				  tank or tank system in this subdivision.
(220)
Water (bulk shipment)
means the bulk transportation of hazardous waste that is loaded or carried on
				  board a vessel without containers or labels.
(221)
Well
means any shaft or
				  pit dug or bored into the earth, generally cylindrical, and often walled with
				  bricks, tubing or casing to prevent the earth from caving in.
(222)
Zone of engineering
				  control
means an area under the control of the owner or operator, that
				  upon detection of a hazardous waste release, can be readily cleaned up prior to
				  the release of hazardous waste or hazardous constituents to ground water or
				  surface water.