Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part I - Definitions › Section 9VAC20-81-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Active life" means the period of operation beginning with
					 the initial receipt of solid waste and ending at completion of closure
					 activities required by this chapter.
"Active portion" means that part of a facility or unit that
					 has received or is receiving wastes and that has not been closed in accordance
					 with this chapter.
"Agricultural waste" means all solid waste produced from
					 farming operations.
"Airport" means, for the purpose of this chapter, a
					 military airfield or a public-use airport open to the public without prior
					 permission and without restrictions within the physical capacities of available
					 facilities.
"Aquifer" means a geologic formation, group of formations,
					 or a portion of a formation capable of yielding significant quantities of
					 groundwater to wells or springs.
"Ash" means the fly ash or bottom ash residual waste
					 material produced from incineration or burning of solid waste or from any fuel
					 combustion.
"Base flood" see "Hundred-year flood."
"Bedrock" means the rock that underlies soil or other
					 unconsolidated, superficial material at a site.
"Benchmark" means a permanent monument constructed of
					 concrete and set in the ground surface below the frostline with identifying
					 information clearly affixed to it. Identifying information will include the
					 designation of the benchmark as well as the elevation and coordinates on the
					 local or Virginia state grid system.
"Beneficial use" means a use that is of benefit as a
					 substitute for natural or commercial products and does not contribute to
					 adverse effects on health or environment.
"Beneficial use of CCR" means the CCR meet all of the
					 following conditions:
1. The CCR must
				  provide a functional benefit;
2.
				  The CCR must substitute for the use of a virgin material, conserving natural
				  resources that would otherwise need to be obtained through practices, such as
				  extraction;
3. The use of the CCR
				  must meet relevant product specifications, regulatory standards, or design
				  standards when available, and when such standards are not available, the CCR is
				  not used in excess quantities; and
4. When unencapsulated use of CCR involving
				  placement on the land of 12,400 tons or more in nonroadway applications, the
				  user must demonstrate and keep records, and provide such documentation upon
				  request, that environmental releases to groundwater, surface water, soil, and
				  air are comparable to or lower than those from analogous products made without
				  CCR, or that environmental releases to groundwater, surface water, soil, and
				  air will be at or below relevant regulatory and health-based benchmarks for
				  human and ecological receptors during use.
"Bioremediation" means remediation of contaminated media by
					 the manipulation of biological organisms to enhance the degradation of
					 contaminants.
"Bird hazard" means an increase in the likelihood of
					 bird/aircraft collisions that may cause damage to the aircraft or injury to its
					 occupants.
"Board" means the Virginia Waste Management Board.
"Bottom ash" means ash or slag that has been discharged
					 from the bottom of the combustion unit after combustion.
"Capacity" means the maximum permitted volume of solid
					 waste, inclusive of daily and intermediate cover, that can be disposed in a
					 landfill. This volume is measured in cubic yards.
"Captive industrial landfill" means an industrial landfill
					 that is located on property owned or controlled by the generator of the waste
					 disposed of in that landfill.
"CCR landfill" means an area of land or an excavation that
					 receives CCR and that is not a surface impoundment, an underground injection
					 well, a salt dome formation, a salt bed formation, an underground or surface
					 coal mine, or a cave. For purposes of this chapter, a CCR landfill also
					 includes sand and gravel pits and quarries that receive CCR, CCR piles, and any
					 practice that does not meet the definition of a beneficial use of CCR.
"CCR surface impoundment" means a natural topographic
					 depression, man-made excavation, or diked area that is designed to hold an
					 accumulation of CCR and liquids, and the unit treats, stores, or disposes of
					 CCR.
"Clean wood" means solid waste consisting of untreated wood
					 pieces and particles that do not contain paint, laminate, bonding agents, or
					 chemical preservatives or are otherwise unadulterated.
"Closed facility" means a solid waste management facility
					 that has been properly secured in accordance with the requirements of this
					 chapter.
"Closure" means that point in time when a permitted
					 landfill has been capped, certified as properly closed by a professional
					 engineer, inspected by the department, and closure notification is performed by
					 the department in accordance with
					 9VAC20-81-160 D.
"Coal combustion byproducts" or "CCB" means residuals,
					 including fly ash, bottom ash, boiler slag, and flue gas emission control waste
					 produced by burning coal. CCB includes both CCR and other non-CCR wastes
					 identified in this definition.
"Coal combustion residuals" or "CCR" means fly ash, bottom
					 ash, boiler slag, and flue gas desulfurization materials generated from burning
					 coal for the purpose of generating electricity by electric utilities and
					 independent power producers. CCR is a specific type of CCB.
"Combustion unit" means an incinerator, waste heat recovery
					 unit, or boiler.
"Commercial waste" means all solid waste generated by
					 establishments engaged in business operations other than manufacturing or
					 construction. This category includes solid waste resulting from the operation
					 of stores, markets, office buildings, restaurants, and shopping centers.
"Compliance schedule" means a time schedule for measures to
					 be employed on a solid waste management facility that will ultimately upgrade
					 it to conform to this chapter.
"Compost" means a stabilized organic product produced by a
					 controlled aerobic decomposition process in such a manner that the product can
					 be handled, stored, or applied to the land without adversely affecting public
					 health or the environment.
"Composting" means the manipulation of the natural process
					 of decomposition of organic materials to increase the rate of
					 decomposition.
"Construction" means the initiation of permanent physical
					 change at a property with the intent of establishing a solid waste management
					 unit. This does not include land-clearing activities, excavation for borrow
					 purposes, activities intended for infrastructure purposes, or activities
					 necessary to obtain Part A siting approval (i.e., advancing of exploratory
					 borings, digging of test pits, groundwater monitoring well installation,
					 etc.).
"Construction/demolition/debris landfill" or "CDD landfill"
					 means a land burial facility engineered, constructed and operated to contain
					 and isolate construction waste, demolition waste, debris waste, split tires,
					 and white goods or combinations of the above solid wastes.
"Construction waste" means solid waste that is produced or
					 generated during construction, remodeling, or repair of pavements, houses,
					 commercial buildings, and other structures. Construction wastes include lumber,
					 wire, sheetrock, broken brick, shingles, glass, pipes, concrete, paving
					 materials, and metal and plastics if the metal or plastics are a part of the
					 materials of construction or empty containers for such materials. Paints,
					 coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids and
					 garbage are not construction wastes.
"Contaminated soil" means, for the purposes of this
					 chapter, a soil that, as a result of a release or human usage, has absorbed or
					 adsorbed physical, chemical, or radiological substances at concentrations above
					 those consistent with nearby undisturbed soil or natural earth
					 materials.
"Container" means any portable device in which a material
					 is stored, transported, treated, or otherwise handled and includes transport
					 vehicles that are containers themselves (e.g., tank trucks) and containers
					 placed on or in a transport vehicle.
"Containment structure" means a closed vessel such as a
					 tank or cylinder.
"Convenience center" means a collection point for the
					 temporary storage of solid waste provided for individual solid waste generators
					 who choose to transport solid waste generated on their own premises to an
					 established centralized point, rather than directly to a disposal facility. To
					 be classified as a convenience center, the collection point may not receive
					 waste from collection vehicles that have collected waste from more than one
					 real property owner. A convenience center shall be on a system of regularly
					 scheduled collections.
"Cover material" means compactable soil or other approved
					 material that is used to blanket solid waste in a landfill.
"Daily disposal limit" means the amount of solid waste that
					 is permitted to be disposed at the facility and shall be computed on the amount
					 of waste disposed during any operating day.
"Debris waste" means wastes resulting from land-clearing
					 operations. Debris wastes include stumps, wood, brush, leaves, soil, and road
					 spoils.
"Decomposed vegetative waste" means a stabilized organic
					 product produced from vegetative waste by a controlled natural decay process in
					 such a manner that the product can be handled, stored, or applied to the land
					 without adversely affecting public health or the environment.
"Demolition waste" means that solid waste that is produced
					 by the destruction of structures and their foundations and includes the same
					 materials as construction wastes.
"Department" means the Virginia Department of Environmental
					 Quality.
"Director" means the Director of the Department of
					 Environmental Quality. For purposes of submissions to the director as specified
					 in the Waste Management Act, submissions may be made to the department.
"Discard" means to abandon, dispose of, burn, incinerate,
					 accumulate, store, or treat before or instead of being abandoned, disposed of,
					 burned, or incinerated.
"Discarded material" means a material that is:
1. Abandoned by being:
a. Disposed of;
b. Burned or incinerated; or
c. Accumulated, stored, or treated (but not
				  used, reused, or reclaimed) before or in lieu of being abandoned by being
				  disposed of, burned, or incinerated; or