Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 10 - HAZARDOUS WASTE › Part 1 - Rules and Regulations for Hazardous Waste Management › Section 250-RICR-140-10-1.5 - Definitions

Current through June 14, 2024
A. Any term used within these regulations not
				  specifically defined within this section shall be defined as in
				  40 C.F.R. §
											260.10, incorporated above at §
										1.4(B) of
				  this Part.
1. "Aboveground tank" means a tank
				  used to store or process hazardous waste or used oil that is not an underground
				  storage tank as defined in these regulations.
2. "Active portion" means any portion of a
				  hazardous waste management facility that is being used or has been used in the
				  past to unload, treat, store or dispose of hazardous waste, but does not
				  include the closed portion.
3.
				  "Acutely hazardous waste" means materials identified in
				  40 C.F.R. §
												261.33(e) and wastes
				  identified in 40 C.F.R.
				  §
												261.30(d) and in
				  40 C.F.R. §
												261.11(a)(2).
4. "Administrator" or "Regional
				  administrator" or "Assistant administrator" or "Assistant administrator for
				  solid waste and emergency response" or "EPA administrator" or "State Director"
				  means as used in the portions of the Code of Federal Regulations that are
				  incorporated by reference, shall mean the Director of the Department of
				  Environmental Management, or his/her designee, except as follows:
a. Use of the word "Administrator" or
				  "Regional Administrator" (or "Assistant Administrator" or "Assistant
				  Administrator for Solid Waste and Emergency Response" or "EPA Administrator")
				  in any section of the Code of Federal Regulations that cannot be delegated from
				  EPA to any state, including Rhode Island and that include the following 40
				  C.F.R. Parts 262, Subpart E and Subpart H and 263, Subpart B regarding exports
				  of hazardous waste; §§268.5, 268.6, and 268.42(b) plus 268.44(a-g)
				  regarding land disposal restrictions.
b. References to the Administrator or to the
				  Regional Administrator, appearing therein, shall be interpreted as referring to
				  the Director, except for such references in
				  40 C.F.R. §
													260.10 other than its use in the definition
				  of a boiler, in 40 C.F.R.
				  §§
													260.20(b) and
				  260.22, in
				  40 C.F.R. §
													261.4(f)(1), in
				  40 C.F.R. §
													261.10 and
				  261.11, in
				  40 C.F.R. §
													262, Subpart E and Subpart H, in
				  40 C.F.R. §
													264.12(a), in
				  40 C.F.R. §
													265.12(a), in
				  40 C.F.R. §
													268.5, in
				  40 C.F.R. §
													268.13, in
				  40 C.F.R. §
													268.40, in
				  40 C.F.R. §
													268.42(b), in
				  40 C.F.R. §
													270.2, in
				  40 C.F.R. §
													270.5, in
				  40 C.F.R. §§
													270.10(e)(2) and (e)(3), in
				  40 C.F.R. §
													270.10(f)(2), in
				  40 C.F.R. §§
													270.10(g)(1)(i) and (iii),
				  in 40 C.F.R. §
													270.10(f)(3), in
				  40 C.F.R. §
													270.11(a)(3), in
				  40 C.F.R. §
													270.14(b) (20), in
				  40 C.F.R. §
													270.32(b)(2), in
				  40 C.F.R. §
													271.5, in 270.110(h), and in any other
				  section of 40 C.F.R. not adopted by reference or not delegable to the State of
				  Rhode Island.
c. In §§
												1.4(A) and
				  (B) of this Part, where "Administrator" or
				  "Regional Administrator" does not mean the Director of the Department of
				  Environmental Management, or his/her designee, "Administrator" means the
				  Administrator of the Environmental Protection Agency, or his/her designee, and
				  "Regional Administrator" shall mean the Regional Administrator for the EPA
				  region where the facility is located, or his/her designee.
5. "Architectural paint" means interior and
				  exterior architectural coatings recommended for field application to stationary
				  structures and their appurtenances, to portable buildings, to pavements, or to
				  curbs. This definition excludes adhesives and coatings recommended by the
				  manufacturer or importer solely for shop applications or solely for application
				  to non-stationary structures, such as automobiles, airplanes, ships, boats, and
				  railcars.
a. The term architectural paint
				  includes both materials that meet the definition of hazardous waste (i.e. oil
				  based pants and polyurethanes) as well as non-hazardous wastes (i.e. latex
				  paint, water based polyurethanes). The use of the term architectural paint in
				  these regulations is not meant to imply that the materials are or are not
				  hazardous wastes. As with other wastes, such a determination must be made using
				  analysis or generator knowledge as described in §
												1.7 of this
				  Part.
6. "Asbestos" means
				  actinolite, amosite, anthophylite, chrysotile, crocidolite and
				  tremolite.
7. "Base flood" means a
				  flood that has a 1% or greater chance of recurring in any year. The 100 year
				  flood plain means any land that is subject to flooding as the result of a base
				  flood.
8. "Boiler" means that term
				  as defined in 40 C.F.R.
				  §
												260.10. However, variances from this
				  definition may be granted by the Director in accordance with the provisions of
				  §1.6.2 of this Part, the provisions of
				  40 C.F.R. §
												260.32 and the procedures of
				  40 C.F.R. §
												260.33.
9. "Closed portion" means that portion of a
				  facility that an owner or operator has closed in accordance with the approved
				  facility closure plan and all applicable closure requirements.
10. "Closure plan" means the plan prepared
				  for closure in accordance with these Rules and Regulations.
11. "Coastal high hazard area" means the area
				  subject to high velocity waters, including, but not limited to, hurricane wave
				  wash or tsunamis as designated on Flood Insurance Rate Maps (FIRM) as Zone
				  VI-30 (found at
https://msc.fema.gov/portal
).
12. "Community collection center" means a
				  location registered with the Department to accept Household Hazardous Waste
				  and/or hazardous waste from Conditionally Exempt Small Quantity Generators. The
				  Community Collection Center shall include all contiguous land, structures and
				  other appurtenances and improvements on the land used for accepting, storing,
				  consolidating or shipping hazardous waste or used oil.
13. "Community water system" means a system
				  for the provision to the public of piped water for human consumption that
				  serves at least 15 service connections used by year-round residents or
				  regularly serves at least 25 year-round residents.
14. "Conditionally exempt small quantity
				  generator" or "CESQG" means a person who meets all of the conditions below:
a. Generates 220 lbs (100 kg) or less of
				  hazardous waste in a calendar month, and
b. Generates 2.2 lbs (1 kg) or less of
				  acutely hazardous waste in a calendar month, and
c. Generates 220 lbs (100 kg) or less of any
				  residue or contaminated soil, waste, or other debris resulting from the cleanup
				  of a spill into or on any land or water, of any acutely hazardous waste in a
				  calendar month, and
d. Accumulates
				  on-site a total amount of hazardous waste that is less than 2,200 lbs (1,000
				  kg) and a total amount of acute hazardous waste that is less than 2.2 lbs (1
				  kg) and a total amount of any residue or contaminated soil, waste, or other
				  debris resulting from the cleanup of a spill of acutely hazardous waste into or
				  on any land or water that is less than 220 lbs (100 kg).
e. Such quantity determination shall be made
				  in accordance with §1.7.6 of this Part. [see also definitions of Small
				  Quantity Generator and Large Quantity Generator].
15. "Consignee" means a person or agent to
				  whom something is sent.
16.
				  "Container" means any portable device in which a material is stored,
				  transported, treated, disposed of or otherwise handled.
17. "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 that would threaten human health or the
				  environment.
18. "Critical habitat"
				  means that area for an endangered species as defined in the Endangered Species
				  Act, 16 U.S.C. §
												1532.
19. "Department" means the Department of
				  Environmental Management.
20.
				  "Designated facility" means: A hazardous waste treatment, storage, or disposal
				  facility that:
a. Has received a permit (or
				  interim status) in accordance with the requirements of 40 C.F.R. Parts 270 and
				  124,
b. Has received a permit (or
				  interim status) from a State authorized in accordance with 40 C.F.R. Part 271
				  or
c. Is regulated under
				  40 C.F.R. §
													261.6(c)(2) or subpart F of
				  40 C.F.R. Part 266 and
d. That has
				  been designated on the manifest by the generator pursuant to
				  40 C.F.R. §
													262.20, excluding 262.20(e).
e. 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
				  40 C.F.R. §§
													264.72(f) or
				  265.72(f).
f. 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.
21. "Destination facility" means a facility
				  that treats, disposes of, or conducts on-site recycling of a particular
				  category of universal waste, except those management activities described in
				  40 C.F.R. §
												273.13(a) and (c) and
				  40 C.F.R. §
												273.33(a) and (c). 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.
22.
				  "Director" means the Director of the Department of Environmental Management, or
				  his/her designee.
23. "Direct
				  recharge area" means any area in which precipitation percolates to the water
				  table and flows through subsurface materials to a specified area of discharge.
				  The specified area of discharge may be a reach of a stream, a spring, a well or
				  a well field.
24. "Discharge" means
				  the accidental or intentional spilling, leaking, pumping, pouring, emitting,
				  emptying or dumping of hazardous waste into or on any land or water.
25. "Disposal" means the discharge, deposit,
				  injection, dumping, spilling, leaking, abandoning or placing of any hazardous
				  waste in, on, into or onto any land, other surface, or building, or into any
				  water, stormwater system or sewer system.
26. "DOT" or "Department of Transportation"
				  means as used in the portions of the Code of Federal Regulations that are
				  incorporated by reference means the USDOT ("US Department of
				  Transportation").
27.
				  "Endangerment" means the introduction of a substance into groundwater so as to
				  cause the maximum allowable contaminant levels established in the National
				  Primary Drinking Water Standards or the standards contained in the Public
				  Drinking Water Regulations of the Rhode Island Department of Health (216-RICR-
				  50-05-1) to be exceeded in the groundwater; or require additional treatment of
				  the groundwater in order not to exceed the maximum contaminant levels
				  established in any promulgated National Primary Drinking Water Standard or the
				  standards contained in the Public Drinking Water Regulations of the Rhode
				  Island Department of Health.
28.
				  "EPA" or "United States Environmental Protection Agency" or "U.S. Environmental
				  Protection Agency" or "Agency" means as used in the portions of the Code of
				  Federal Regulations that are incorporated by reference, means the "Department"
				  or the "Department of Environmental Management", except as follows:
a. References to "EPA Identification
				  numbers", "EPA hazardous waste numbers", "EPA test methods", "EPA
				  publications", "EPA form(s)", "EPA Guidance", or "EPA Acknowledgement of
				  Consent".
b. Use of "EPA" or
				  "United States Environmental Protection Agency" or "U.S. Environmental
				  Protection Agency" or "Agency", including its mailing address, where shown, in
				  the following 40 C.F.R.
				  §§
													260.10,
				  260.11(a),
				  261 Appendix ix, 264.12(a),
				  265.12(a), 268.1(e)(3), 270.2, 270.10(e)(2), 270.32(a), 270.32(c),
				  270.72(a)(5), 270.72(b)(5), 273.32(a)(3).
c. Use of "EPA" or "United States
				  Environmental Protection Agency" or "U.S. Environmental Protection Agency" or
				  "Agency" in any section of the Code of Federal Regulations that cannot be
				  delegated to any state, including Rhode Island and that include the following
				  40 C.F.R. Part 262, Subpart B, Subpart E, & Subpart H and Part 263, Subpart
				  B regarding exports of hazardous waste; §§262.60(c) and (e) and
				  264.71(d) regarding imports of hazardous waste; and §§268.5, 268.6,
				  and 268.42(b) plus 268.44(a-g) regarding land disposal restrictions.
d. Use of EPA with respect to manifest
				  registry functions under 40
				  C.F.R. §
													262.21 and with respect to
				  export requirement in 40
				  C.F.R. §
													263.20(a) and
				  (g).
e. Usage in the term "EPA region" in 40
				  C.F.R. Part 260.
f. References to
				  "EPA Director of the Office of Solid Waste" in
				  40 C.F.R. §
													262.21.
g. References to EPA's "International
				  Compliance Assurance Division" in
				  40 C.F.R. §§
													264.71(a)(3) and
				  265.71(a)(3).
29. "EPA identification number" or "I.D. No."
				  means the number assigned by the Department to each generator, hazardous waste
				  transporter, and treatment, storage or disposal facility.
30. "Evaporation unit" means a tank or tank
				  system that:
a. Heats wastewater to
				  intentionally evaporate water to reduce the volume of the wastewater only
				  and;
b. Receives and treats or
				  stores an influent wastewater that is a hazardous waste, or that generates and
				  accumulates a wastewater treatment sludge that is a hazardous waste, or treats
				  or stores a wastewater treatment sludge which is a hazardous waste
				  and;
c. Is not used to dispose of
				  hazardous waste and;
d. Has
				  notified the Department as required by §1.7.1(C)(5)(e) of this
				  Part.
e. Evaporation unit does not
				  mean a sludge dryer associated with a wastewater treatment unit. Also, sludge
				  dryers not associated with wastewater treatment units shall be considered
				  hazardous waste treatment units in accordance with §§
												1.9 and
				  1.10 of this
				  Part.
31. "Existing tank
				  system" or "existing component" means a tank system or component that is used
				  for the storage or treatment of hazardous waste, is in operation and meets the
				  following definition:
a. A tank system that
				  is owned or operated by a small quantity generator or any tank system
				  (aboveground, onground, inground, or underground) that cannot be entered for
				  inspection, and for which the installation commenced on or prior to July 14,
				  1986 or;
b. A tank system
				  (aboveground, onground, inground, or underground) that is not owned or operated
				  by a small quantity generator that can be entered for inspection, and for which
				  the installation commenced on or prior to December 1, 1992.
c. For the definitions above, installation
				  will be considered to have commenced if the owner or operator has obtained all
				  Federal, State, and local approvals or permits necessary to begin physical
				  construction of the site or installation of the tank system and if either.
(1) a continuous on-site physical
				  construction or installation program has begun, or
(2) the owner or operator has entered into
				  contractual obligations-which cannot be canceled or modified without
				  substantial loss-for physical construction of the site or installation of the
				  tank system to be completed within a reasonable time.
32. "Facility" means all
				  contiguous land, structures and other appurtenances and improvements on the
				  land used for treating, storing or disposing of hazardous waste or used oil.
				  For the purposes of implementing corrective action under
				  40 C.F.R. §
												264.101, the term shall mean all contiguous
				  property under the control of the owner or operator seeking a RCRA subtitle C
				  permit. The term shall also mean all contiguous property under control of the
				  owner or operator of an interim status facility implementing corrective
				  action.
33. "Fault" means a
				  fracture along which rocks on one side have been displaced with respect to
				  those on the other side.
34.
				  "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act
				  (7 U.S.C. §
												136 -
				  136y).
35. "Flood plain" means that area covered by
				  a flood that has a one percent or greater chance of occurring in any year or of
				  a magnitude equaled or exceeded once in 100 years on the average.
36. "Generator" means any person, by site,
				  who produces hazardous waste or imports hazardous waste from a foreign country
				  or whose act or process produces hazardous waste or whose act first causes a
				  hazardous waste to become subject to regulation. Any person that takes
				  possession or control of hazardous waste by obtaining property where hazardous
				  waste is stored or abandoned shall be considered a generator. The term
				  "generator" shall include Large Quantity Generators, Small Quantity Generators
				  and Conditionally Exempt Small Quantity Generators.
37. "Hazardous waste" means any waste or
				  combination of wastes of a solid, liquid, contained gaseous, or semi-solid form
				  that, because of its quantity, concentration, or physical or chemical
				  characteristics, may cause or significantly contribute to an increase in
				  mortality or an increase in serious irreversible or incapacitating reversible
				  illness; or pose a substantial present or potential hazard to human health or
				  the environment. "Hazardous waste" means any hazardous waste as defined in
				  40 C.F.R. §
												261.3 or is subject to regulation under
				  40 C.F.R. §§
												261.7 and
				  261.33 as well as any hazardous
				  waste defined in §
											1.5 of this Part including
				  Rhode Island Hazardous Waste. Where the phrase solid waste appears in the Code
				  of Federal Regulations, the word waste may be substituted.
a. Mixed waste as defined in §
												1.5 of this Part is also a
				  hazardous waste.
b. Determination
				  that a material is not a hazardous waste must be made in accordance with
				  40 C.F.R. §§
													260.30,
				  260.31, and
				  260.33.
c. Hazardous wastes that are recycled are
				  subject to the provisions of 40 C.F.R. §
													261.6 and the
				  sections of 40 C.F.R. Part 266 referenced therein, except as limited by R.I.
				  Gen. Laws §
												23-19.1-10(f) and
				  except as 40 C.F.R. §
													261.6(a)(4) affects used oil
				  that exhibits one or more of the characteristics of hazardous waste. The
				  Director may also regulate certain recycling activities as provided by
				  40 C.F.R. §§
													260.40 and
				  260.41.
38. "Hazardous waste disposal facility" means
				  real and personal property acquired, constructed or operated for the purpose of
				  the disposal of hazardous waste. This term does not include a corrective action
				  management unit into which remediation wastes are placed.
39. "Hazardous waste incinerator" means an
				  engineered device using controlled flame combustion for thermally degrading
				  hazardous waste.
40. "Hazardous
				  waste management facility" means a facility, excluding vehicles, for
				  collection, source separation, storage, processing, treatment, recovery or
				  disposal of hazardous wastes, or a transfer station for hazardous waste, and
				  may include a facility where such activities occur and where waste has been
				  generated.
41. "Hazardous waste
				  transporter" means a person, individual, firm, partnership, association and
				  private or municipal corporation that transports hazardous waste.
42. "Hazardous waste treatment facility" or
				  "Hazardous waste storage facility" means real and personal property acquired,
				  constructed or operated for the purpose of storing or treating hazardous
				  wastes.
43. "Household hazardous
				  waste" means waste that meets any of the definitions of a hazardous waste and
				  which is derived from households. This definition does not include hazardous
				  wastes generated in households as part of a business, nor shall this definition
				  extend to wastes from hotels and motels, bunkhouses, ranger stations, crew
				  quarters, campgrounds, picnic grounds and day-use recreation areas, except for
				  those wastes ordinarily left behind by guests or other users of these
				  institutions. Hazardous waste pharmaceuticals from residential care apartment
				  complexes or other properties that purchase, store, distribute or otherwise
				  centrally manage medications on behalf of tenants are not considered household
				  hazardous waste, but rather are regulated as hazardous waste.
44. "Household hazardous waste facility"
				  means a facility that accepts for subsequent disposal, only household hazardous
				  waste as defined above.
45.
				  "Household hazardous waste pharmaceuticals" means pharmaceutical wastes
				  (medications) that also meet the definition of household hazardous
				  waste.
46. "Household refuse" means
				  refuse generally produced at a home.
47. "Household used oil" means used oil
				  derived from households.
48.
				  "Household used oil generator" means an individual who generates household used
				  oil.
49. "Incineration" means the
				  treatment of hazardous waste using controlled flame combustion, the primary
				  purpose of which is to thermally break down the hazardous waste.
50. "Incinerator" means any enclosed device
				  using controlled flame combustion that neither meets the criteria for
				  classification as a boiler nor is listed as an industrial furnace.
51. "Incompatible wastes" means a hazardous
				  waste that is unsuitable for:
a. Placement in
				  a particular device or facility because it may cause corrosion or decay of
				  containment materials; or
b.
				  Commingling with another waste or material under controlled 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.
52. "Industrial
				  furnace" means any device listed as such in
				  40 C.F.R. §
												260.10 or other devices that the Director
				  may, after notice and comment, add to the list based on one or more of the
				  factors specified in part 13 of the definition of industrial furnace in
				  40 C.F.R. §
												260.10.
53. "Injection well" means a well or system
				  of wells used for the disposal of hazardous waste by pumping the waste into
				  deep wells where they are contained in the pores of permeable subsurface
				  rock.
54. "In operation" means a
				  facility that is treating, storing or disposing of hazardous waste.
55. "Land disposal facilities" means surface
				  impoundments, waste piles, land treatment facilities and landfills.
56. "Landfill" means a disposal facility or
				  part of a facility where hazardous waste is placed in or on land and that is
				  not a land treatment facility, a surface impoundment, an injection well, a
				  waste pile, or a corrective action management unit.
57. "Land treatment facility" means a
				  facility or part of a facility where hazardous waste is applied onto or
				  incorporated into the soil surface; such facilities are disposal facilities if
				  the waste will remain after closure.
58. "Large quantity generator of hazardous
				  waste" or "LQG" means a person who meets any of the following conditions:
a. Generates 2,200 lbs (1,000 kg) or more of
				  hazardous waste in a calendar month, or
b. Generates greater than 2.2 lbs (1 kg) of
				  acutely hazardous waste in a calendar month, or
c. Generates more than 220 lbs (100 kg) of
				  any residue or contaminated soil, waste, or other debris resulting from the
				  cleanup of a spill into or on any land or water, of any acutely hazardous waste
				  in a calendar month or
d. The
				  quantity of hazardous waste stored on-site exceeds 13,200 lbs (6,000 kg) at any
				  one time, or the quantity of acutely hazardous waste stored on-site exceeds 2.2
				  lbs (1 kg) at any one time, or the quantity of any residue or contaminated
				  soil, waste, or other debris resulting from the cleanup of a spill of acutely
				  hazardous waste into or on any land or water stored on-site exceeds 220 lbs
				  (100 kg) at any one time.
e. Such
				  quantity determination shall be made in accordance with §1.7.6 of this
				  Part. [See also definitions of Small Quantity Generator and Conditionally
				  Exempt Small Quantity Generator]
59. "Large quantity handler of universal
				  waste" means a universal waste handler (§1.7.6 of this Part) who
				  accumulates 20,000 kilograms or more total of used electronics, calculated
				  collectively at any time, or who accumulates 5,000 kilograms (11,000 pounds) or
				  more total of all other universal waste (batteries, pesticides,
				  mercury-containing equipment, lamps, or silver-containing photo fixing
				  solutions), calculated collectively at any time. This designation as a large
				  quantity handler of universal waste is retained through the end of the calendar
				  year where 20,000 kilograms or more total of used electronics, or 5,000
				  kilograms (11,000 pounds) or more total of all other universal waste is
				  accumulated.
60. "Liquid" means any
				  waste that expresses as separable liquid by weight thirty percent (30%) or more
				  of the waste when exposed to a vacuum of 3/4 atmosphere for thirty (30)
				  minutes.
61. "Load" means a mass or
				  weight of a particular hazardous waste contained in one or more transporting
				  container(s).
62. "Local land
				  authority" means a city or town council.
63. "Low-level mixed waste" means waste that
				  contains both low-level radioactive waste and hazardous waste.
64. "Low-level radioactive waste" means a
				  radioactive waste that contains source material, special nuclear material, or
				  byproduct material, and that is not classified as high-level radioactive waste,
				  transuranic waste, spent nuclear fuel, or byproduct material as defined in
				  section 11
				  e(2) of the Atomic Energy Act (42 U.S.C.).
65. "Manifest" means the Uniform Hazardous
				  Waste Manifest (EPA Form 8700-22, including Form 8700-22A) as defined by
				  40 C.F.R. §
												260.10. Examples of these forms can also be
				  found at
http://www.epa.gov/epawaste/hazard/transportation/manifest/forms.htm
.
66. "Manufacturing and mining by-products"
				  means secondary or incidental materials created in manufacturing or mining
				  operations.
67. "Mixed waste" means
				  a waste that contains both hazardous waste and radioactive waste that is
				  classified as source material, special nuclear material, or byproduct material
				  subject to the Atomic Energy Act of 1954, as amended as of the effective date
				  of these regulations.
68. "NARM" or
				  "Naturally occurring and/or accelerator-produced radioactive material" means
				  radioactive materials that:
a. Are naturally
				  occurring and are not source, special nuclear, or byproduct materials as
				  defined by the Atomic Energy Act, or
b. Are produced by an accelerator.
69. "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 that meets the following definition:
a. A tank system that is owned or operated by
				  a small quantity generator or any tank system (aboveground, onground, inground,
				  or underground) that cannot be entered for inspection, and for which the
				  installation commenced after July 14, 1986 or;
b. A tank system (aboveground, onground,
				  inground, or underground) that is not owned or operated by a small quantity
				  generator that can be entered for inspection, and for which the installation
				  commenced after to December 1, 1992.
c. For the definitions above, installation
				  will be considered to have commenced if the owner or operator has obtained all
				  Federal, State, and local approvals or permits necessary to begin physical
				  construction of the site or installation of the tank system and if either
(1) a continuous on-site physical
				  construction or installation program has begun, or
(2) the owner or operator has entered into
				  contractual obligations-which cannot be canceled or modified without
				  substantial loss-for physical construction of the site or installation of the
				  tank system to be completed within a reasonable time.
70. "On-site" means the same or
				  geographically contiguous property that 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. Non-contiguous properties owned by the same person connected
				  by a right-of-way that he controls and to which the public does not have access
				  is also considered on-site property.
71. "Operator" means the person who is
				  responsible for the operation of the facility.
72. "Owner" means the person who owns the
				  facility or part of the facility.
73. "Paint collection center" means a
				  location registered with the Department to accept only architectural paint that
				  is either Household Hazardous Waste and/or is generated by Conditionally Exempt
				  Small Quantity Generators. The Paint Collection Center shall include all
				  contiguous land, structures and other appurtenances and improvements on the
				  land used for accepting, storing, consolidating or shipping paint.
74. "PCB" or "PCBs" means any chemical
				  substance that is limited to the biphenyl molecule that has been chlorinated to
				  varying degrees or any combination of substances that contains such
				  substances.
75. "Person" means an
				  individual, trust, firm, joint stock company, corporation (including a
				  government corporation), partnership, association, the Federal Government or
				  any agency or subdivision thereof, a state, municipality, commission, political
				  subdivision of a state, or any interstate body.
76. "Precious metal bearing wastes" means all
				  materials destined for reclamation containing a concentration of gold, silver,
				  rhodium, palladium and/or platinum that makes the waste economically
				  recoverable including, but not limited to, plating baths and stripping
				  solutions.
77. "Processing used
				  oil" means chemical or physical operations designed to produce from used oil,
				  or to make used oil more amenable for production of, fuel oils, lubricants, or
				  other used oil-derived products. Processing includes, but is not limited to:
				  blending used oil with virgin petroleum products, blending used oils to meet
				  the used oil fuel specifications, filtration, simple distillation, chemical or
				  physical separation and re-refining.
78. "RAP" means a Remedial Action Plan as
				  defined in 40 C.F.R. §
												270.2.
79. "RCRA" or "Resource Conservation and
				  Recovery Act" or "Subtitle C of RCRA" or "RCRA Subtitle C" or "Subtitle C"
				  means as used in the portions of the Code of Federal Regulations that are
				  incorporated by reference, when referring either to an operating permit or to
				  the Federal hazardous waste program as a whole (i.e., not a specific provision
				  of RCRA), means the R.I. Gen. Laws Chapter 23-19.1 (Hazardous Waste Management
				  Act), except as otherwise noted in these Rules and Regulations and except at
				  40 C.F.R. §
												260.10 definition of "Act" or "RCRA", at
				  40 C.F.R. §
												262 Appendix, at
				  40 C.F.R. §
												270.2 definition of "RCRA" and at
				  40 C.F.R. §
												270.51 reference to "EPA-issued RCRA
				  permit".
80. "Remediation waste
				  management site" means a facility where an owner or operator is or will be
				  treating, storing, or disposing of hazardous remediation waste.
81. "Re-refining distillation bottoms" means
				  the heavy fraction produced by vacuum distillation of filtered and dehydrated
				  used oil.
82. "Rhode Island
				  hazardous wastes" means any waste meeting the below-listed definitions:
a. Rhode Island Hazardous Waste Codes
				  R001-R010 - Waste codes R001 through R010 are only to be used if the waste
				  meets the definition associated with these codes and does not meet any of the
				  federal definitions of a hazardous waste.
(1)
				  Used Electronics (R001) shall mean used electronics voluntarily managed as a
				  hazardous waste.
(2) Reserved: The
				  following waste codes are reserved: R002, R003, R004, R005 and R008.
(3) "Extremely hazardous waste" or "R006"
				  means any waste that:
(AA) Contains any known
				  carcinogen as designated in regulatory rule-making by any of the federal
				  agencies (OSHA, FDA, EPA, CPSC or DHHS-NTP) in concentrations or amounts at or
				  above the federally regulated level or at 1/10 of 1% (0.1%) by weight,
				  whichever is more stringent, of any solid or liquid mixture. (This rule does
				  not apply to asbestos waste or PCB waste.) or
(BB) Contains any suspect human carcinogen as
				  designated in a regulatory rule-making by any of the federal agencies (OSHA,
				  FDA, EPA, CPSC or DHHS-NTP) in concentrations or amounts at or above the
				  federally regulated level or at 1% by weight whichever is more stringent, of
				  any solid or liquid mixture. This rule does not apply to asbestos waste,
				  or
(CC) Contains any U. S.
				  Department of Transportation Class 2, Division 2.3 hazardous material (gas
				  poisonous by inhalation), per
				  49 C.F.R. §
															173.115 or Class 6, Division 6.1 hazardous
				  material (poisonous materials), per
				  49 C.F.R. §
															173.132 other than pharmaceuticals in
				  finished dosage forms (i.e. inhalers, capsules, tablets, syrups, injectables
				  and ointments), or
(DD) Contains
				  chemotherapy agents that are antineoplastic or cytotoxic, including but not
				  limited to drugs listed by the United States Center for disease control in the
				  National Institute of Occupational Safety and Health list of Antineoplastic and
				  Other Hazardous Drugs (
http://www.cdc.gov/niosh/docs/2012-150/pdfs/2012-150.pdf
)
				  incorporated by reference herein, not including any further amendments or
				  editions thereof.
(4)
				  "Polychlorinated biphenyls waste" or "PCB waste" (R007) means any waste that
				  contains polychlorinated biphenyls at a concentration of fifty parts per
				  million (50 ppm) or greater. Wastes containing PCBs at a concentration of 50
				  ppm or greater are also subject to additional regulations under TSCA (Toxic
				  Substances Control Act) in 40 C.F.R. Part 761.
(5) "Mercury containing wastes" (R009) means
				  any waste that contains any mercury-added products that are disposed of as
				  waste but do not meet the federal definition of D009 in
				  40 C.F.R. §
														261.24. These wastes may also be managed as
				  mercury containing equipment as per §
													1.14 of this
				  Part.
(6) "Used oil" (R010) means
				  any used oil that is designated by the generator as hazardous waste and not
				  sent for recycling in accordance with §
													1.16 of this Part and that
				  does not meet any of the criteria for characteristic or listed hazardous wastes
				  in 40 C.F.R. Part 261 Subparts C and D or Rhode Island State-regulated
				  hazardous wastes.
b.
				  Rhode Island Fee Exemption Waste Codes (R011-R016)
(1) The following codes indicate the waste is
				  exempt from the Hazardous Waste Generation Fee described in §§
													1.7 and
				  1.8 of this Part and are to
				  be used in addition to other applicable federal and state hazardous waste
				  codes. These waste codes are to be used in addition to applicable state and
				  federal waste codes:
(AA) Secondary Waste:
				  Waste generated by a hazardous waste management facility as a result of
				  treatment, repackaging or storage of wastes received by the facility shall be
				  designated as an R011 waste. This waste code shall be used in addition to other
				  required waste codes.
(BB) Precious
				  metal bearing waste meeting the definition of a precious metal bearing waste as
				  defined by §
														1.5 of this Part shall be
				  designated as an R012 waste. This waste code shall be used in addition to other
				  required waste codes.
(CC)
				  Household hazardous waste meeting the definition of a household hazardous waste
				  as defined by §
														1.5 of this Part shall be
				  designated as an R013 waste. This waste code shall be used in addition to other
				  required waste codes. This exemption shall also apply to architectural paints
				  collected by Paint Collection Centers or Community Collection Centers from
				  CESQGs.
(DD) Used oil or related
				  materials that are managed in accordance with the requirements of §
														1.16 of this Part shall be
				  designated as an R014 waste.
(EE)
				  Waste not meeting the definition of a hazardous waste that is transported using
				  a manifest shall be designated as an R015 waste. This waste code shall be used
				  in addition to other waste codes required by the destination state.
(FF) Removal Action Waste generated (as
				  listed on item 5 of the Manifest) by the Department or the United States
				  Environmental Protection Agency in the course of emergency response or
				  environmental remediation activities. This exemption shall only apply if the
				  applicable government agency generating the waste while performing the
				  remediation is not considered a Responsible Party as defined herein or pursuant
				  to R.I. Gen. Laws §
														23-19.14-3. Such waste shall bear
				  a State waste code of R016 code in addition to other waste codes required by
				  the destination state.
(GG) Use of
				  the R016 waste code by the generating agency shall not prohibit the Department
				  from collecting the Hazardous Waste Generation Fee as part of a cost recovery
				  action from any other generator determined to be a responsible party associated
				  with the removal action.
83. "Satellite accumulation" means the
				  accumulation of as much as fifty-five (55) gallons of hazardous waste, or the
				  accumulation of as much as one quart of acutely hazardous waste, in containers
				  located at or near any point of generation where the waste initially
				  accumulates, and that is under the control of the operator of the process
				  generating the waste.
84. "Septage"
				  means septage from individual sewage disposal systems containing human or
				  animal excremental liquid or substance, any putrescible animal or vegetable
				  matter, garbage and filth, including the discharge of water closets, laundry
				  tubs, washing machines, sinks, dishwashers and the contents of septic tanks,
				  grease traps, cesspools or privies.
85. "Silver-containing photo fixing
				  solutions" means photographic processing solutions containing silver (hazardous
				  waste code D011) that has been removed from photographic film and paper by the
				  fixing agent and that fail the TCLP (40 C.F.R. §
												261.24) for
				  silver and therefore meet the definition of hazardous waste code
				  D011.
86. "Small quantity generator
				  of hazardous waste" or "SQG" means a person who meets all of the conditions
				  below:
a. Generates less than 2,200 lbs
				  (1,000 kg) but greater than 220 lbs (100 kg) of hazardous waste in a calendar
				  month, and
b. Generates less than
				  or equal to 2.2 lbs (1 kg) of acutely hazardous waste in a calendar month,
				  and
c. Generates less than or equal
				  to 220 lbs (100 kg) of any residue or contaminated soil, waste, or other debris
				  resulting from the cleanup of a spill into or on any land or water, of any
				  acutely hazardous waste in a calendar month, and
d. Does not store on-site at any time a total
				  amount of hazardous waste greater than 13,200 lbs (6,000 kg), or a total amount
				  of acute hazardous waste greater than 2.2 lbs (1 kg) or a total amount of any
				  residue or contaminated soil, waste, or other debris resulting from the cleanup
				  of a spill of acutely hazardous waste that exceeds 220 lbs (100 kg).
e. Such quantity determination shall be made
				  in accordance with §1.7.6 of this Part. [See also definitions of Large
				  Quantity Generator and Conditionally Exempt Small Quantity
				  Generator]
87. "Small
				  quantity handler of universal waste" means a universal waste handler (as
				  defined in this rule) who does not accumulate 20,000 kilograms or more total of
				  used electronics, calculated collectively at any time and who does not
				  accumulate 5,000 kilograms (11,000 pounds) or more total of all other universal
				  waste (batteries, pesticides, mercury-containing equipment, lamps, or
				  silver-containing photo fixing solutions), calculated collectively at any
				  time.
88. "Sole source aquifer"
				  means an aquifer designated by the United States Environmental Protection
				  Agency as the sole or principal source of drinking water for the area above the
				  aquifer and including those lands where the population served by the aquifer
				  live; that is, an aquifer which is needed to supply 50% or more of the drinking
				  water for that area and for which there are no reasonably available alternative
				  sources should the aquifer become polluted.
89. "Solid waste management unit" or "SWMU"
				  means a hazardous waste management facility or any portion thereof where solid
				  wastes have been placed at any time, irrespective of whether the unit was
				  intended for the management of solid or hazardous waste. Such unit includes any
				  area at a facility where solid wastes have been routinely and systematically
				  released. SWMUs include regulated units as well as units used to manage
				  non-hazardous solid wastes.
90.
				  "Specification used oil" means any used oil that meets the minimum allowable
				  levels for Flash Point and does not contain constituents at concentrations that
				  exceed any maximum allowable levels listed in Table 3 of §1.16.3(A)(6) of
				  this Part.
91. "State" or "States"
				  or "Authorized State" or "Approved States" or "Approved program" means as used
				  in the portions of the Code of Federal Regulations that are incorporated by
				  reference means the state of Rhode Island, except as the term appears at
				  40 C.F.R. §
												124.2(a) definitions of
				  "Director", "Interstate agency", "Person" and "State", at
				  40 C.F.R. §§
												260.10 definitions of "Person", "State", and
				  "United States", at 40 C.F.R. Part 262, at
				  40 C.F.R. §
												264.143(e)(1), at
				  40 C.F.R. §
												264.145(e)(1), at
				  40 C.F.R. §
												264.147(a)(1) (ii), (b)(1)(ii), (g)(2) and
				  (g)(4), at
				  40 C.F.R. §
												265.143(d)(1), at
				  40 C.F.R. §
												265.145(d)(1), at
				  40 C.F.R. §
												265.147(a)(1)(ii), (g)(2), and
				  (i)(4), at
				  40 C.F.R. §
												270.2 definitions of "application", "approved
				  program or approved State", "Director", "Interim Authorization", "Final
				  Authorization", "Major Facility", "Person", "Publicly Owned Treatment
				  Facilities", "State", "State Director", and "State/EPA Agreement".
92. "Storage" means the actual or intended
				  containment of hazardous waste, either on a temporary basis or for a period of
				  years, in such a manner as not to constitute disposal of such hazardous
				  waste.
93. "Storage facility" means
				  any facility that stores hazardous wastes and that has a closure plan that
				  provides for the complete removal of all wastes.
94. "Surface impoundment" means a facility or
				  part of a facility that is a natural topographic depression, man-made
				  excavation, or diked area formed primarily of earthen materials (although it
				  may be lined with man-made materials), that is designed to hold an accumulation
				  of liquid wastes or waste containing free liquids, and that is not an injection
				  well. Examples of surface impoundments are holding, storage, settling and
				  aeration pits, ponds and lagoons.
95. "Tank" means a stationary device designed
				  to contain an accumulation of material, hazardous waste or used oil that is
				  constructed primarily of non-earthen materials that provide structural
				  support.
96. "Tolling agreement"
				  means a contract between a used oil generator and a used oil
				  processor/re-refiner pursuant to which used oil that is reclaimed by the used
				  oil processor/re-refiner is returned to the used oil generator for use as a
				  lubricant, cutting oil or coolant.
97. "Totally enclosed treatment unit" means a
				  unit 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.
98. "Toxicity
				  characteristic leaching procedure" means the procedure referenced in
				  40 C.F.R. §
												261.24(a).
99. "Transfer station" means an intermediate
				  point in the transport of hazardous wastes where such wastes are brought,
				  stored and transferred to vehicles for movement to other intermediate points or
				  to the point of ultimate storage or disposal.
100. "Transport" means the movement of wastes
				  from the point of generation to any off-site intermediate points, and finally
				  to the point of final storage, treatment or disposal.
101. "Transportation unit" means any car,
				  truck, tractor, or other device used in transportation on land, water, or in
				  the air or any trailer, tank or other type of containment structure permanently
				  or temporarily attached thereto.
102. "Transporter" means any person that
				  transports hazardous waste other than on-site or that transports
				  septage.
103. "Treatment" means any
				  method, technique, or process, including neutralization or incineration,
				  designed to change the physical, chemical, or biological character or
				  composition of any hazardous waste as to neutralize such waste or so as to
				  render such waste less hazardous, non-hazardous, safer to transport, amenable
				  to storage, or reduced in volume, except such method or technique as may be
				  included as part of the manufacturing process at the point of
				  generation.
104. "Underground
				  drinking water source" means an aquifer supplying drinking water for human
				  consumption; or an aquifer where the groundwater contains less than 500 mg/L
				  total dissolved solids; or an aquifer designated as such by the Administrator
				  of the Environmental Protection Agency or any Rhode Island State agency
				  authorized to do so.
105.
				  "Underground storage tank" or "UST" means any tank or tank system that meets
				  the definition of a UST contained in the Rhode Island Regulations for
				  Underground Storage Facilities Used for Petroleum Products and Hazardous
				  Materials, the "UST Regulations" (Subchapter 25 Part 1 of this
				  Chapter).
106. "Universal waste"
				  means any of the following hazardous wastes that are subject to the universal
				  waste requirements of 40 C.F.R. Part 273 and that are subject to §
											1.14 of this Part:
a. Batteries as described in
				  40 C.F.R. §
													273.2;
b. Pesticides as described in
				  40 C.F.R. §
													273.3;
c. Mercury-containing equipment as described
				  in 40 C.F.R. §
													273.4;
d. Lamps as described in
				  40 C.F.R. §
													273.5.
e. Used Electronics as described in §
												1.15 of this
				  Part;
f. Silver-containing photo
				  fixing solutions as described in §
												1.15 of this
				  Part.
107. Universal Waste
				  Handler:
a. Means:
(1) A Generator (as defined in §
													1.5 of this Part) of
				  universal waste; or
(2) 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 to a foreign destination.
b. Does not mean:
(1) A person who treats (except for those
				  activities allowed in §
													1.14 of this Part) disposes
				  of, or recycles universal waste; or
(2) A person engaged in the off-site
				  transportation of universal waste by air, rail, highway, or water, including a
				  universal waste transfer facility.
108. "Universal waste transfer facility"
				  means any transportation-related facility including loading docks, parking
				  areas, storage areas and other similar areas where shipments of universal waste
				  are held during the normal course of transportation for ten days or
				  less.
109. "Universal waste
				  transporter" means a person engaged in the off-site transportation of universal
				  waste by air, rail, highway, or water.
110. "Used electronics" or "used electronic
				  device" means a device or component thereof that contains one or more circuit
				  boards or a cathode ray tube and is used primarily for communication, data
				  transfer or storage, or entertainment purposes, including but not limited to,
				  desk top and lap top computers, computer peripherals, computer monitors,
				  copying machines, scanners, printers, radios, televisions, camcorders, digital
				  cameras, digital picture frames, video cassette recorders ("VCRs"), compact
				  disc ("CD") players, digital video disc ("DVD") players, MP3 players, video
				  game consoles, portable Global Positioning System ("GPS") navigation units,
				  telephones, including cellular and portable phones, and stereos. "Used
				  Electronics" or a "Used Electronic Device" shall not mean a computer,
				  television or video display device that is:
a. A part of a motor vehicle or any component
				  part of a motor vehicle assembled by, or for, a vehicle manufacturer or
				  franchised dealer, including replacement parts for use in a motor vehicle;
				  or
b. Functionally or physically a
				  part of, connected to or integrated within a larger piece of equipment designed
				  and intended for use in an industrial, governmental, commercial, research and
				  development, or medical setting, (including diagnostic, monitoring, or other
				  medical products as that term is defined under the Federal Food, Drug, and
				  Cosmetic Act, 21 U.S.C. Parts 351-360) or equipment used for security, sensing,
				  monitoring, or anti-terrorism purposes; or
c. Contained within a home appliance, clothes
				  washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven,
				  conventional oven or range, dishwasher, room air conditioner, dehumidifier, or
				  air purifier; or
d. A handheld
				  device used to access commercial mobile radio service, as such service is
				  defined in 47 C.F.R. §
													20.3.
111. "Used oil" means oil that has been
				  refined from crude oil (in whole or in part), or any synthetic oil that,
				  through use or handling, has become unsuitable for its original purpose due to
				  the presence of physical or chemical impurities or loss of original properties.
				  Used oil is a free-flowing liquid at standard temperature and pressure. Used
				  oil shall include, but not be limited to, lubricating oils and greases, engine
				  oils, metal working fluids, emulsive coolants, hydraulic fluids, refrigeration
				  oils, electrical insulating oils, silicon oils and wire drawing oils. Used oil
				  does not include materials derived from crude or synthetic oils that are used
				  as fuels (e.g., gasoline, jet fuel and diesel fuel) or used as cleaning agents
				  or solvents (e.g., mineral spirits), that are subject to the waste
				  characterization requirements under the §1.7.3 (Hazardous Waste
				  Determination) of this Part and may be subject to additional parts of these
				  rules if the materials meet the definition of Hazardous Waste.
112. "Used oil aggregation point" means any
				  site or facility that accepts, aggregates, and/or stores used oil collected
				  only from other used oil generation sites owned or operated by the owner or
				  operator of the aggregation point.
113. "Used oil burner" means an owner or
				  operator of a facility where used oil is burned for the purpose of energy
				  recovery in used oil burning equipment.
114. "Used oil burning equipment" means fuel
				  burning equipment, including but not limited to, any space heater, industrial
				  furnace or boiler that is used to burn used oil for the purpose of energy
				  recovery.
115. "Used oil collection
				  centers" means any facility or site that accepts/aggregates and stores used oil
				  collected from household used oil generators.
116. "Used oil fuel" means used oil that
				  meets the specifications contained in Table 3 in §1.16.3(A)(6) of this
				  Part and is burned for energy recovery.
117. "Used oil generator" means any person,
				  by site, whose act or process produces used oil that is not a "household used
				  oil" or whose act first causes used oil to become subject to
				  regulation.
118. "Used oil
				  marketer" means any person who directs a shipment of specification used oil
				  from their facility to a used oil burner or first claims that a shipment of
				  used oil meets Specification Used Oil Requirements set forth in Table 3 of
				  §1.16.3(A)(6) of this Part.
119. "Used oil processor" or "re-refiner"
				  means a facility that conducts processing of used oil as defined in these
				  rules.
120. "Used oil temporary
				  storage facility" means any transportation related facility including loading
				  docks, parking areas, storage areas and other areas where shipments of used oil
				  are held for more than 24 hours but not longer than 35 days during the normal
				  course of transportation. Temporary storage facilities that store used oil for
				  more than 35 days are subject to the used oil processor/re-refiner requirements
				  of §1.16.8 of this Part.
121.
				  "Used oil transporter" means any person, excluding household used oil
				  generators, who transports used oil, any person who collects used oil from one
				  or more generators and transports the collected oil, and owners and operators
				  of used oil temporary storage facilities.
122. "Vehicle" means any car, truck, tractor,
				  or other device used in transportation including any trailer, tank or other
				  type of containment structure permanently or temporarily attached
				  thereto.
123. "Washout" means the
				  movement of hazardous waste from the active portion of the facility as a result
				  of flooding.
124. "Waste" means
				  solid waste as defined in 40
				  C.F.R. §
												261.2.
125. "Waste pile" means any non-containerized
				  accumulation of solid, non-flowing hazardous waste that is used for treatment
				  or storage.
126. "Wastewater
				  treatment unit" means a device that:
a. Is
				  part of a wastewater treatment facility has received a permit for wastewater
				  discharge from the local Publicly Owned Treatment Works or the RIDEM
				  and;
b. Receives and treats or
				  stores an influent wastewater that is a hazardous waste, or that generates and
				  accumulates a wastewater treatment sludge that is a hazardous waste, or treats
				  or stores a wastewater treatment sludge which is a hazardous waste
				  and;
c. Meets the definition of
				  tank or tank system; and
d. Is not a
				  wastewater evaporation unit.
127. "Wetlands" means marshes, swamps, bogs,
				  ponds, rivers, river and stream flood plains and banks; areas subject to
				  flooding or storm flowage, emergent and submergent plant communities in any
				  body of fresh water including rivers and streams and that area of land within
				  fifty feet (50') of the edge of any bog, marsh, swamp or pond.