South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:07 - Administration › Section 74:27:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
The terms defined in SDCL 34A-6-1.3 have the same meanings for the
	 purpose of this article. In addition, terms used in this article mean:
(1) "Active fill area," that portion of a
  disposal site that is currently in use for the disposal of wastes;
(2) "Active life," the period of operation of
  a disposal site beginning with the initial receipt of solid waste and ending
  upon completion of closure activities;
(3) "Ambient," as defined in subdivision
  74:54:02:01(2);
(4) "Applicant," a
  person submitting an application to the secretary for a permit for a solid
  waste facility;
(5) "Aquifer," as
  defined in subdivision 74:54:02:01(1);
(6) "Ash," residue from the combustion of
  solid waste or any solid or liquid materials;
(7) "Assessment monitoring," groundwater
  monitoring resulting from the detection of a statistically significant increase
  above the ambient groundwater quality;
(8) "Balefill," a facility that disposes of
  solid waste that has been compressed and bound;
(9) "Baling," a volume reduction technique
  that compresses solid waste into bales for final disposal;
(10) "Bulky items," large items such as white
  goods or furniture;
(11)
  "Collection," the gathering of solid waste from public and private places for
  recycling or disposal;
(12)
  "Commercial solid waste," solid waste generated by stores, offices,
  restaurants, warehouses, printing shops, service stations, and other
  nonmanufacturing, nonhousehold sources;
(13) "Composite liner system," as defined by
  40 C.F.R. Part 258.40(a)(2)(b), as published on 56 Fed. Reg. 51,021 (October 9,
  1991);
(14) "Composting," the
  controlled biological decomposition of the organic portion of solid waste in a
  manner resulting in an innocuous final product that may be applied to land for
  the purposes of soil conditioning;
(15) "Construction," the excavation of lands,
  the erection of new structures, and the replacement, expansion, remodeling, or
  other alteration of existing solid waste facilities;
(16) "Construction and demolition debris,"
  waste building materials resulting from construction, remodeling, repair, and
  demolition operations on pavements, houses, commercial buildings, and other
  structures, excluding regulated asbestos-containing waste material or
  ash;
(17) "Contract incineration
  facility," a facility incinerating solid wastes for financial gain;
(18) "Cover material," soil or other suitable
  material that is approved by the secretary through the permitting process and
  that is used to cover compacted solid wastes;
(19) "Detection monitoring," groundwater
  monitoring at a solid waste disposal facility that has not detected a
  statistically significant increase above ambient groundwater quality;
(20) "Disease vectors," organisms that are
  capable of carrying and transmitting disease to humans or other
  mammals;
(21) "Disposal," the
  discharge, deposit, injection, dumping, spilling, leaking, or placing of solid
  waste into or on the land so that the solid waste or any of its constituents
  may enter the environment, be discharged to any waters, including groundwater,
  or be emitted into the air;
(22)
  "Emergency," a condition that the secretary finds deleterious to the public
  health, safety, and welfare and that requires immediate action;
(23) "Existing facility," any facility
  receiving solid waste before October 9, 1991, that is in compliance with past
  design and operational regulations and practices;
(24) "Facility," a solid waste facility as
  defined by SDCL 34A-6-1.3(18);
(25)
  "Fault," a fracture or fracture zone along which there has been displacement of
  the sides relative to one another;
(26) "Floodplain," the lowland and relatively
  flat areas adjoining inland waters which may be inundated by a base flood,
  which is a flood that has one percent or greater chance of occurring in any
  year or that has a chance of occurring once in 100 years on the average over a
  long period;
(27) "Garbage," solid
  and semisolid putrescible animal and vegetable wastes resulting from the
  handling, preparing, cooking, storing, serving, and consuming of food or of
  material intended for use as food, and all offal, excluding useful industrial
  by-products, from all public and private establishments and from all
  residences;
(28) "General permit,"
  a written authorization issued by the board allowing a specific category of
  solid waste storage, collection, processing, or disposal;
(29) "Groundwater," as defined in subdivision
  74:54:02:01(8);
(30) "Groundwater
  protection standards," standards for groundwaters as defined by §
									74:54:01:04;
(31) "Hazardous waste," as defined in SDCL
  34A-11-2(4);
(32) "Household
  waste," solid waste derived from households, including single and multiple
  residences, hotels and motels, bunkhouses, ranger stations, crew quarters,
  campgrounds, picnic grounds, and day use recreation areas, but not waste from
  commercial activities, that is generated, stored, or present in a
  household;
(33) "Incinerator," a
  furnace used to burn solid waste to reduce the volume of the waste by removing
  its combustible waste;
(34)
  "Industrial waste," solid waste generated by manufacturing or industrial
  processes;
(35) "Land application
  system," an operation that places solid wastes onto or incorporates solid
  wastes into the soil surface;
(36)
  "Landfill unit," a discrete area of land used for the disposal of solid
  waste;
(37) "Lateral expansion," a
  horizontal expansion of the waste boundaries of an existing unit;
(38) "Leachate collection system," any
  combination of landfill base slopes, liners, permeable zones, pipes, sumps,
  pumps, or retention structures that are designed, constructed, operated, and
  maintained to monitor, collect, and remove leachate generated in a solid waste
  landfill;
(39) "Liner," a
  continuous layer of natural or synthetic materials beneath and on the sides of
  a surface impoundment, landfill, or landfill unit, which prohibits the downward
  or lateral escape of wastes, waste constituents, or leachate;
(40) "Liquid waste," any waste which produces
  measurable liquids when the Paint Filter Liquids Test, Method 9095, EPA
  publication Number SW-846, 1986, is used (U. S. Government Printing Office;
  1984 0-461-218/549);
(41) "Lower
  explosive limit," the lowest percent by volume of a mixture of explosive gases
  in air that will propagate a flame at 25 degrees Celcius and atmospheric
  pressure;
(41A) "Medical/Infectious
  waste," as defined by 40 CFR
  §
										60.51c (July 1, 2010);
(42) "Monofill," a landfill unit into which
  only one type of waste is placed;
(43) "Municipal solid waste landfill
  facility," "MSWLF," a facility that receives any household waste for land
  disposal;
(44) "New facility," a
  facility constructed after October 8, 1991;
(45) "Open burning," the burning of any
  matter in such a manner that the products of combustion resulting from the
  burning are emitted directly into the ambient air without passage through a
  stack, a duct, or chimney;
(46)
  "Operator," the person responsible for the overall operation of a facility or
  part of a facility;
(47) "Owner,"
  the person who owns a facility or part of a facility;
(48) "Permit," a written authorization issued
  by the board or secretary allowing the construction or operation, or both, of a
  solid waste facility;
(49) "Phase I
  application," a permit application for preliminary review of new Type I and IIA
  facilities which contains information required by the secretary;
(50) "Processing," an operation designed to
  transfer, shred, grind, bale, compact, salvage, separate, incinerate, reclaim,
  or provide other treatment of solid waste;
(51) "Regulated asbestos-containing waste
  materials," as defined in §
									74:36:08:02;
(52) Repealed;
(53) "Relevant point of compliance," a point
  or points at which contamination triggers the corrective action requirements of
  chapter 74:27:21. This point is a vertical surface located no more than 150
  meters from the landfill unit and on land owned by the owner or operator. This
  vertical surface extends down to the uppermost occurrence of groundwater as
  defined by §
									74:54:01:03;
(54) "Rubble," stone, brick, concrete, or
  similar inorganic material, excluding ash, waste tires, trees, yard waste, and
  regulated asbestos-containing waste materials;
(55) "Run-off," any rainwater, snow-melt, or
  other precipitation, leachate, or other liquid that drains over land from any
  part of a facility;
(56) "Run-on,"
  any rainwater, snow-melt, or other precipitation, leachate, or other liquid
  that drains over land onto any part of a facility;
(57) "Salvaging," the controlled reclamation
  of solid waste at a facility;
(58)
  "Scavenging," the uncontrolled and unauthorized removal of solid waste from a
  facility;
(59) "Seismic impact
  zone," an area that has a 10 percent or greater probability, within a 250-year
  period, that the maximum expected horizontal acceleration in the lithified
  earth material will equal or exceed 10 percent of the acceleration of gravity
  (0.1g);
(60) "Shredding," the
  process of reducing the particle size of solid wastes through the use of a
  grinding, shredding, milling, or rasping machine;
(61) "Sludge," the accumulated semisolid
  mixture of solid wastes and water, oils, or other liquids;
(62) "Small-town exemption," an exemption
  from the liner requirements of §
									74:27:12:17 and the leachate
  collection and removal system requirements of §
									74:27:12:18 for a MSWLF that
  complies with §
									74:27:12:25;
(63) "Special wastes," those solid wastes
  that require special handling as described in §
									74:27:13:17;
(64) "Statistically significant increase,"
  one of the statistical methods to evaluate groundwater monitoring data allowed
  by 40 C.F.R. Part 258.53(g)-(i), inclusive, as published on 56 Fed. Reg. 51,023
  and 51,024 (October 9, 1991);
(65)
  "Storage," the interim containment of solid waste after generation and before
  recycling or disposal;
(66)
  "Surface impoundment," a natural topographic depression, artificial excavation,
  or dike arrangement that is used primarily for containment, treatment, or
  disposal of liquid waste and is constructed above, below, or partially in the
  ground;
(67) "Surface water," as
  defined in subdivision 74:51:01:01(54);
(68) "Transfer station," a portable or fixed
  facility where solid waste from collection vehicles is consolidated and
  temporarily stored for subsequent transport to a facility;
(69) "Treatment," a process designed to alter
  the physical, chemical, or biological character of solid waste so as to
  neutralize or render the waste suitable for transport, recovery, storage, or
  disposal in a safe and environmentally sound manner;
(70) "Trees," trunks, limbs, stumps, or
  branches from trees or shrubs;
(71)
  "Type I facility," a facility that receives more than 150,000 tons of solid
  waste each year;
(72) "Type IIA
  facility," a facility that receives between 25,000 tons and 150,000 tons of
  solid waste each year;
(73) "Type
  IIB facility," a facility that receives between 5,000 tons and 24,999 tons of
  solid waste each year;
(74) "Type
  III facility," a facility that receives between 500 tons and 4,999 tons of
  solid waste each year;
(75) "Type
  IV facility," a facility that receives less than 500 tons of solid waste each
  year;
(76) "Unstable area," a
  location that is susceptible to events or forces induced by nature or by humans
  that are capable of impairing the integrity of some or all of a MSWLF's
  structural components that are responsible for preventing releases from the
  MSWLF;
(77) "Waste tires," tires
  that are no longer suitable for their original intended purpose because of
  wear, damage, or defect; parts of tires;
(78) "Wetlands," those areas that are
  inundated or saturated by surface or ground water at a frequency and duration
  sufficient to support, and that under normal circumstances do support a
  prevalence of vegetation typically adapted for life in saturated soil
  conditions. Wetlands include swamps, marshes, bogs, and similar
  areas;
(79) "White goods,"
  discarded refrigerators, ranges, washers, water heaters, and other similar
  domestic and commercial appliances;
(80) "Working face," the active surface of a
  landfill upon which solid wastes are deposited during the landfill
  operation.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.2,
		34A-6-1.4,
		34A-6-1.6.
Paint Filter Liquids Test, Method 9095, EPA Publication Number
		SW-846, September, 1986; Government Printing Office number: 1984 0-461-218
		/549. Copies may be obtained from the Division of Environmental Regulation,
		Foss Building, 523 E. Capitol Avenue, Pierre, South Dakota 57501; phone number
		(605) 773-3153.