Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - In General

Current through July 13, 2024
(a) This Chapter is
				promulgated pursuant to the Wyoming Environmental Quality Act, specifically
				Wyoming Statute (W.S.) §
									
										35-11-503.
(b) Definitions: In addition to the
				definitions in the Wyoming Environmental Quality Act, for the purpose of these
				rules and unless the context otherwise requires:
(i) "Act" means the Wyoming Environmental
				Quality Act, W.S. §§
										
											35-11-101
				et seq.
(ii) "Active life" means
				the period of operation beginning with the initial receipt of solid waste and
				ending at completion of closure activities.
(iii) "Active portion" means that part of a
				facility or unit that has received or is receiving wastes and that has not been
				closed or reclaimed.
(iv)
				"Applicant" means that person, as defined in the Act, submitting an application
				to the Administrator for a permit for a solid waste management facility, who
				shall be:
(A) For a city owned facility, the
				city;
(B) For a county owned
				facility, the county;
(C) For a
				facility owned by any other public entity, that public entity;
(D) For an individual, the
				individual;
(E) For a corporation,
				the corporation; and
(F) For a sole
				proprietorship or partnership, the partnership or proprietorship.
(v) "Aquifer" means, in relation
				to all solid waste facilities except municipal solid waste landfills, a
				geologic formation, group of formations, or portion of a formation capable of
				yielding significant quantities of groundwater to wells or springs. For
				municipal solid waste landfills, "aquifer" means an underground geologic
				formation:
(A) Which has boundaries that may
				be ascertained or reasonably inferred;
(B) In which water stands, flows, or
				percolates;
(C) Which is capable of
				yielding to wells or springs significant quantities of groundwater that may be
				put to beneficial use; and
(D)
				Which is capable of yielding to wells or springs which produce a sustainable
				volume of more than one-half gallon of water per minute.
(vi) "Asbestos-containing solid wastes" or
				"asbestos" means solid wastes containing greater than one percent by weight
				asbestos in any of the asbestiform varieties of: chrysotile (serpentine),
				amosite (cummingtonite, grunerite), crocidolite (riebeckite), anthophyllite,
				actinolite, or tremolite, and which may be considered friable asbestos.
(vii) "Buffer zone" means that
				portion of the solid waste management facility which is not used for waste
				management activities but is reserved for the placement and operation of
				monitoring equipment or for preventing public access during specific waste
				disposal events, such as the disposal of friable asbestos. The fire lane may be
				within the buffer zone.
(viii)
				"Cell" means compacted solid wastes that are enclosed by natural soil or other
				cover material within a trench, unit, or area-fill in a land disposal
				facility.
(ix) "Cease Disposal" for
				the purposes of the Cease and Transfer Program created pursuant to W.S.
				§§
										
											35-11-528 through 532, means ceasing disposal
				of municipal solid waste.
(x)
				"Clean fill" means fill consisting solely of uncontaminated natural soil and
				rock, hardened asphalt rubble, bricks, and concrete rubble.
(xi) "Clean wood" means untreated wood which
				has not been painted, stained, or sealed. Clean wood does not include treated
				railroad ties, treated posts, paper, or construction/demolition wastes
				containing non-wood materials.
(xii) "Closed facility" means a regulated
				facility at which operations have been properly terminated in accord with an
				approved facility closure plan on file with the Solid and Hazardous Waste
				Division or the Water Quality Division and complying with all applicable rules
				and requirements concerning its stabilization.
(xiii) "Closure" in the context of a facility
				means the act of securing and stabilizing a regulated facility pursuant to the
				requirements of these rules. Closure of an individual unit means securing and
				stabilizing an individual unit of a facility, including the construction of
				final cover over disposal units that have reached their permitted capacity and
				may also be referred to as intermediate or phased reclamation.
(xiv) "Closure period" means the period of
				time during which a facility is completing closure. The closure period begins
				when the facility ceases receipt of wastes. The closure period ends when the
				Administrator approves certification from a registered professional engineer
				confirming that the provisions of the closure plan have been carried out and
				that the facility has been closed in compliance with the closure standards
				specified in these rules.
(xv)
				"Commercial solid waste management facility" means any facility receiving a
				monthly average greater than 500 short tons per day of unprocessed household
				refuse or mixed household and industrial refuse for management or disposal
				excluding lands and facilities subject to W.S. §
										
											35-11-402(a)(xiii).
(xvi) "Complete application" means a permit
				application that the Administrator has determined to contain all the
				information required to be submitted by the rules, in sufficient detail to
				allow a technical review of the information to commence.
(xvii) "Constituent" when used in the context
				of groundwater monitoring, generally means inorganic substances and organic
				compounds that may be found in groundwater and in particular the constituents
				that must be monitored in groundwater samples collected under the applicable
				chapter of the Solid Waste Rules and Regulations.
(xviii) "Construction/demolition landfill"
				means a solid waste management facility that accepts only inert construction
				waste, demolition waste, street sweepings, brush, or other material
				specifically approved by the Administrator. This excludes garbage, liquids,
				sludges, friable asbestos, and hazardous or toxic wastes.
(xix) "Construction/demolition waste"
				includes but is not limited to stone, clean and treated wood, concrete,
				asphaltic concrete, cinder blocks, brick, plaster and metal or other material
				specifically approved by the Administrator.
(xx) "Container" means any portable device in
				which a material is stored, transported, treated, disposed of or otherwise
				handled.
(xxi) "Corrective action"
				means all actions necessary to eliminate the public health threat or
				environmental threat from a release to the environment of pollutants from an
				operating or closed regulated facility and to restore the environmental
				conditions as required.
(xxii)
				"Cover material" means soil or other suitable material that is used to cover
				compacted solid wastes in a land disposal facility.
(xxiii) "Decommissioning" means removing all
				liquids and accumulated sludges, and cleaning a storage tank for its intended
				reuse or disposal.
(xxiv)
				"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking,
				or placing of any waste material into or on any land or water so that such
				waste material or any constituent thereof may enter the environment or be
				emitted into the air or discharged into any waters, including
				groundwaters.
(xxv) "Existing
				facility" means any facility that was receiving solid wastes on or before
				September 13, 1989.
(xxvi)
				"Existing unit" means any municipal solid waste landfill unit receiving solid
				waste as of October 9, 1993.
(xxvii) "Facility" means the total contiguous
				area described in the permit application and which is occupied by any solid
				waste management area, unit, site, process, or system and the operation thereof
				including, but not limited to, equipment, buildings, solid waste treatment,
				storage, transfer, processing, and disposal areas, buffer zones, monitor well
				systems, fire lanes, working area litter and access fences, systems for the
				remediation of releases to the environment, and perimeter access control
				fences. The term "facility" does not include contiguous or noncontiguous lands
				which may be owned or leased by the applicant which are not disturbed by solid
				waste management operations and which are external to the contiguous area
				occupied by the solid waste management area, unit, site, process, or
				system.
(xxviii) "Farming and
				ranching operation" means agricultural operations whose principal function is
				the growing of crops and the raising of livestock, but does not include large
				concentrated animal feeding operations as defined by the Water Quality Rules,
				Chapter 2, Appendix G.
(xxix)
				"Final cover" means cover material that is used to completely cover the top of
				a land disposal facility or unit, including, but not limited to, compacted
				soils, drainage layers, synthetic membranes, soil-cement admixtures, and
				topsoils.
(xxx) "Fire lane" means
				an area which does not contain combustible materials, including vegetation, and
				which can be utilized to provide access to firefighting equipment.
(xxxi) "Floodplain" means low land and
				relatively flat areas adjoining inland and coastal waters, including
				flood-prone areas of offshore islands that are inundated by the 100-year
				flood.
(xxxii) "Friable asbestos"
				means asbestos that, when dry, can be crumbled, pulverized or reduced to powder
				by hand pressure, and includes previously nonfriable asbestos after such
				previously nonfriable asbestos becomes damaged to the extent that when dry it
				may be crumbled, pulverized, or reduced to powder by hand pressure.
(xxxiii) "Garbage" means any putrescible
				solid or semi-solid animal or vegetable waste material resulting from the
				handling, preparation, cooking, serving and consumption of food.
(xxxiv) "Green waste" means organic plant
				materials, such as yard trimmings, grass clippings, house and garden plants,
				tree trimmings, and brush. Green waste does not include other putrescible waste
				including, but not limited to food waste, animal waste, and manure.
(xxxv) "Groundwater" means, in relation to
				all solid waste facilities except municipal solid waste landfills, water below
				the land surface in a saturated zone of soil or rock. For municipal solid waste
				landfills, "groundwater" means any water, including hot water and geothermal
				steam, under the surface of the land or the bed of any stream, lake, reservoir
				or other body of surface water, including water that has been exposed to the
				surface by an excavation such as a pit which:
(A) Stands, flows or percolates;
				and
(B) Is capable of being
				produced to the ground surface in sufficient quantity to be put to beneficial
				use.
(xxxvi)
				"Incineration" means the controlled process by which combustible solid wastes
				are burned and altered to noncombustible gases and other residues. A solid
				waste incineration facility is considered to be a solid waste management
				facility.
(xxxvii) "Incorporated
				city or town" shall mean a "first class city" or a "town" as defined in W.S.
				§
										
											15-1-101(a).
(xxxviii) "Industrial landfill" means a solid
				waste management facility utilizing an engineered method of land disposal
				primarily for industrial solid waste.
(xxxix) "Industrial solid waste" means solid
				waste resulting from, or incidental to, any process of industry, manufacturing,
				mining or development of any agricultural or natural resources.
(xl) "Irrevocable letter of credit" means a
				negotiated financial instrument that is used to pay a beneficiary issued by a
				banking institution to guarantee payment.
(xli) "Landfill" means a solid waste
				management facility for the land burial of solid wastes, utilizing an
				engineered method of controls to avoid creating a hazard to the public health,
				the environment, plants, or animals.
(xlii) "Lateral expansion" of a facility
				means the horizontal enlargement of the boundaries of a solid waste management
				facility. Lateral expansion of a disposal unit means the horizontal enlargement
				of the permitted waste boundaries of a disposal unit.
(xliii) "Liabilities" means obligations to
				transfer assets or provide services to other entities in the future as a result
				of past transactions including off-balance sheet liabilities.
(xliv) "Lower explosive limit" means the
				lowest percent by volume of a mixture of explosive gases in air that will
				propagate a flame at 25° Celsius and atmospheric pressure.
(xlv) "Low hazard or low volume treatment,
				processing, storage, and transfer facility" means a solid waste management
				facility which accepts only solid wastes as described in this subsection. This
				provision does not apply to facilities whose owner or operator simultaneously
				owns or operates more than one such solid waste management facility within one
				mile of each other.
(A) Mobile transfer,
				treatment, and storage facilities.
(B) Clean wood waste storage facilities:
				Facilities storing clean wood waste in storage piles with a combined base
				surface area larger than 10,000 square feet or containing greater than 100,000
				cubic feet of clean wood waste. So long as clean wood waste at such facilities
				is stored no less than 100 feet from off-site structures, storm water is
				properly managed, and the pile does not create a public or private
				nuisance.
(C) Solid waste transfer,
				treatment, storage, and processing facilities: Solid waste transfer, treatment,
				storage, and processing facilities receiving fifty cubic yards or less of solid
				waste per day and occupying no more than ten acres, including a twenty-foot
				buffer zone within a fenced facility boundary, which individually or in
				combination manage no more than the specified types and quantities of the
				following wastes:
(I) Paper, cardboard,
				plastic, aluminum cans, glass, and metal, or other nonputrescible municipal
				solid wastes which may be specifically authorized by the Administrator, for the
				primary purposes of transfer to a recycling facility or beneficial reuse in a
				manner approved by the Administrator. This provision applies to the sorting,
				shredding, grinding, crushing, baling, and storage of these wastes, except CRTs
				as noted below, prior to transfer to a recycling facility or approved
				beneficial reuse site; and
(II)
				5,000 gallons of used oil; and
(III) 5,000 gallons of used antifreeze;
				and
(IV) 1,000 scrap tires stored
				in compliance with standards in Chapter 8 of these rules, if the scrap tires
				are stored to be recycled, reclaimed, reused, or are destined for disposal at a
				permitted facility; and
(V) Green
				waste and clean wood waste storage piles, and
(VI) Compost piles for green waste and manure
				operated in a manner that does not create odors, constitute a nuisance, or
				attract vectors; and
(VII)
				Household hazardous waste collected no more frequently than quarterly
				collection days, provided that the household hazardous waste collected is
				removed from the site and transported to a permitted facility within thirty
				days of receipt; and
(VIII) 50
				cubic yards of electronic waste, other than CRTs, stored in containers;
				and
(IX) 50 cubic yards of CRTs
				stored intact in containers and kept whole without any shredding, grinding,
				crushing, or baling; and
(X) 500
				lead acid batteries, if the batteries are stored in an upright position and are
				not leaking, for the purpose of transfer to a recycling facility; and
(XI) 100 cubic yards of
				construction and demolition waste stored in containers; and
(XII) 150 cubic yards of mixed solid wastes
				stored in containers and animal mortality managed in mixed municipal solid
				waste or separate containers.
(D) Commercially operated used oil management
				facilities: Used oil collection centers, aggregation points, transfer
				facilities, processors, re-refiners, burners, and used oil fuel marketers that
				store greater than 10,000 gallons of used oil to be recycled or burned for
				energy recovery, subject to the used oil management requirements contained in
				the Wyoming Hazardous Waste Rules and Regulations.
(E) Facilities storing waste, other than
				construction/demolition waste, for transfer to a recycling facility: Facilities
				occupying no more than ten acres and used only for the transfer, treatment, and
				storage of less than 500 short tons received per day of paper, cardboard,
				plastic, aluminum cans, glass, metal, clean wood, and other nonputrescible
				municipal solid wastes which may be specifically authorized by the
				Administrator, for the primary purposes of transfer to a recycling facility or
				beneficial reuse in a manner approved by the Administrator. This provision
				applies to the sorting, shredding, grinding, crushing, baling, and storage of
				these wastes prior to transfer to a recycling facility or approved beneficial
				reuse site. This provision does not apply to facilities that manage scrap tires
				or CRTs.
(F) Facilities storing
				construction/demolition waste for transfer to a recycling facility: Facilities
				occupying no more than ten acres and used only for the transfer, treatment, and
				storage of less than 500 short tons received per day of construction/demolition
				waste authorized by the Administrator, for the primary purposes of transfer to
				a recycling facility or beneficial reuse in a manner approved by the
				Administrator. This provision applies to the sorting, shredding, grinding,
				crushing, baling, and storage of these wastes prior to transfer to a recycling
				facility or approved beneficial reuse site. This provision applies only if all
				waste management activities occur either indoors or outdoors in containers.
				This provision does not apply to scrap tire or electronic waste management
				facilities.
(G) Facilities not
				considered low hazard or low volume: Transfer, treatment, storage, and
				processing facilities managing wastes or materials having or exhibiting one or
				more of the following criteria or characteristics are not low hazard and low
				volume waste management facilities. Exceptions may be granted by the
				Administrator based on consideration of concentration and volumes of wastes to
				be managed:
(I) Toxicity, Carcinogenicity,
				Ignitability, Flammability, Explosivity, Instability, Corrosivity,
				Incompatibility;
(II) Special
				wastes as defined in this subsection;
(III) Medical/infectious wastes,
				PCB-containing wastes;
(IV)
				Excluded hazardous wastes as defined in 40 CFR part 261, or the Department's
				Hazardous Waste Rules;
(V) Wastes
				that have the potential to create odor, vector, dust, or other nuisances;
				or
(VI) Wastes that in the
				evaluation of the Administrator have a significant potential to impact public
				health or the environment, unless the operator of a proposed facility can
				demonstrate by submittal of a waste analysis and characterization plan that the
				waste treatment, processing, storage, or transfer activity can be considered a
				low hazard and low volume waste management activity consistent with the
				Act.
(xlvi)
				"Major Change" means a change to any solid waste management facility location,
				design or construction, or to any operating, monitoring, closure or postclosure
				activities, involving one or more of the following items:
(A) The total permitted volumetric capacity
				of the facility is to be increased by more than five percent;
(B) The effectiveness of any liner, leachate
				collection or detection system, gas detection or migration system, or pollution
				control or treatment system may be reduced; or
(C) The facility modification will, in the
				judgment of the Administrator, be likely to alter the fundamental nature of the
				facility's activities.
(xlvii) "Mixed household and industrial
				refuse" means any mixture of municipal solid wastes, industrial solid wastes,
				or sludge.
(xlviii) "Mixed solid
				waste" means municipal solid waste and industrial solid waste.
(xlix) "Mobile transfer, treatment and
				storage facility" means a facility which is mobilized to conduct transfer,
				treatment or storage of a solid waste at or near the point of
				generation.
(l) "Monitoring" means
				all procedures and techniques used to systematically collect, analyze and
				inspect data on operational parameters of the facility or on the quality of the
				air, groundwater, surface water and soil.
(li) "Municipal solid waste" means solid
				waste resulting from or incidental to residential, community, trade or business
				activities, including garbage, rubbish, dead animals, abandoned automobiles and
				all other solid waste other than construction and demolition, industrial or
				hazardous waste.
(lii) "Municipal
				solid waste landfill" (MSWLF) means a solid waste management facility for the
				land burial of municipal solid waste that utilizes an engineered method of
				controls to avoid creating a hazard to the public health, the environment,
				plants, or animals.
(liii)
				"Municipal solid waste landfill unit" means a discrete area of land or an
				excavation that receives municipal solid waste and that is not a land
				application unit, surface impoundment, injection well, or waste pile. A MSWLF
				unit may also receive other types of Resource Conservation and Recovery Act
				Subtitle D waste such as commercial solid waste, nonhazardous sludge,
				conditionally exempt small quantity generator waste, and industrial solid
				waste. Such a landfill unit may be publicly or privately owned. A MSWLF unit
				may be a new MSWLF unit, an existing MSWLF unit, or a lateral expansion of an
				existing MSWLF unit. A construction and demolition landfill that receives
				residential lead-based paint waste and does not receive any other household
				waste is not a MSWLF unit.
(liv)
				"Net worth" means total assets minus total liabilities including on and
				off-balance sheet liabilities.
(lv)
				"New facility" means:
(A) Any facility that
				did not receive solid waste on or before September 13, 1989; or
(B) Any modification or lateral expansion of
				an original permit boundary for the purpose of increasing capacity or site life
				by more than five percent. An incidental facility boundary enlargement for the
				development of, but not limited to fire lanes, buffer zones, surface water
				diversion systems, and monitoring systems which are not in conflict with local
				zoning, land use, or land ownership is not considered to be a new
				facility.
(lvi) "New
				municipal solid waste landfill unit" means any municipal solid waste landfill
				unit that did not receive waste prior to October 9, 1993.
(lvii) "Occupied dwelling house" means a
				permanent building or fixed mobile home that is currently being used on a
				permanent or temporary basis for human habitation.
(lviii) "100-year floodplain" means an area
				where a flood has a one-percent or greater chance of recurring in any given
				year or a flood of a magnitude equaled or exceeded once in 100 years on the
				average over a significantly long period.
(lix) "On-site decommissioning" means
				decommissioning performed within a facility's property boundary.
(lx) "Open burning" means uncontrolled
				burning of solid waste in the open.
(lxi) "Open dump" means an uncontrolled solid
				waste management facility at which solid wastes are placed on the land in such
				a manner that they present a real or potential hazard to public health and the
				environment. Open dump includes any solid waste management facility subject to
				the permitting requirements of these rules which does not have a current, valid
				permit.
(lxii) "Operator" means the
				applicant who has been granted a permit, who may manage and operate the solid
				waste management facility or who may hire another person, who shall be known as
				the solid waste manager, for these responsibilities.
(lxiii) "Petroleum-contaminated soils" means
				solid waste consisting of any natural or manmade soil or rock material into
				which petroleum product has been added, excluding hardened asphalt rubble.
(lxiv) "Petroleum product" means
				any crude oil or any liquid petroleum fraction including but not limited to
				gasoline, diesel fuels, and used and unused motor oils.
(lxv) "Pile" means any noncontainerized
				accumulation of solid, nonflowing waste that is used for treatment or
				storage.
(lxvi) "Plans" means maps,
				specifications, drawings and narrative description, prepared to describe the
				solid waste management facility and its operation.
(lxvii) "Population" when used in the context
				of statistical evaluations of groundwater data, means the total set of all
				possible concentration measurements for any given constituent.
(lxviii) "Post-closure period" means the
				period of time during which a closed facility is maintained and monitored. The
				post-closure period begins when the Administrator approves certification from a
				registered professional engineer confirming that the provisions of the closure
				plan have been carried out and that the facility has been closed in compliance
				with the closure standards specified in these rules
(lxix) "Principal officer" means an officer
				described in the bylaws of a corporation or appointed by the board of directors
				in accordance with the bylaws who serves at least at the level of vice
				president.
(lxx) "Private industrial
				solid waste disposal facility" means any industrial solid waste disposal
				facility used solely for the disposal of solid waste generated by the owner of
				the facility where wastes are not transported over public roadways for delivery
				to the facility and access by persons other than employees of the facility
				owner is restricted.
(lxxi)
				"Processing plant" means a solid waste management facility used or designed to
				transfer, shred, grind, bale, compost, salvage, separate, reclaim or provide
				other treatment of solid wastes.
(lxxii) "Recycling facility" means a facility
				where used or waste materials are processed or broken down into raw materials
				which are then used to make or produce new items or products.
(lxxiii) "Release" includes, but is not
				limited to, any spilling, leaking, pumping, pouring, emptying, emitting,
				discharging, dumping, addition, escaping, leaching, or unauthorized disposal of
				any oil or hazardous substance which enters, or threatens to enter, waters of
				the state.
(lxxiv) "Routine cover"
				means cover material that is applied to the top and side slopes of compacted
				solid wastes at the end of each operating day.
(lxxv) "Salvaging" means the controlled
				removal by the operator or his or her agent of solid waste from a solid waste
				management facility for the purpose of reuse.
(lxxvi) "Sanitary landfill" means a municipal
				solid waste landfill.
(lxxvii)
				"Scavenging" means the removal by persons other than the operator or his agent
				of solid wastes from any solid waste management facility.
(lxxviii) "Scrap tire" means a tire that is
				no longer used for its original purpose.
(lxxix) "Seismic impact zone" means an area
				with a ten percent or greater probability that the maximum horizontal
				acceleration in hard rock, expressed as a percentage of the earth's
				gravitational pull (g), will exceed 0.10g in 250 years.
(lxxx) "Self-bond" means an indemnity
				agreement in a sum certain made payable to the State, with or without separate
				surety. The indemnity agreement is signed by the operator and, if applicable,
				the operator's ultimate parent guarantor.
(lxxxi) "Silviculture waste" means any wood
				wastes generated during the management and development of forests. This
				includes but is not limited to all wood wastes that are generated during the
				operation of a sawmill.
(lxxxii)
				"Sludge" means the accumulated semisolid mixture of solid wastes and water,
				oils, or other liquids.
(lxxxiii)
				"Solid waste manager" means any person designated by the applicant who has
				primary responsibility for the daily management and operation of the solid
				waste management facility.
(lxxxiv)
				"Solid waste management unit" means a contiguous area of land on or in which
				solid waste is placed, or the largest area in which there is significant
				likelihood of mixing solid waste constituents in the same area of a solid waste
				management facility. Examples of solid waste management units include a surface
				impoundment at a solid waste management facility, a waste pile, a land
				treatment area, a municipal, construction/demolition, or industrial landfill
				unit, an incinerator, a tank and its associated piping and underlying
				containment systems at a solid waste management facility 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.
(lxxxv) "Solid waste petroleum storage tank"
				means any underground or aboveground storage tank that has been taken out of
				service and which contained any petroleum substance, including but not limited
				to motor fuels, jet fuels, distillate fuel oils, residual fuel oils,
				lubricants, petroleum solvents, and used oils.
(lxxxvi) "Special wastes" are those wastes
				which require special handling as described in Chapter 8 of these
				rules.
(lxxxvii) "Storage" means the
				holding of solid waste for a temporary period, at the end of which time the
				solid waste is treated, disposed of, or stored elsewhere.
(lxxxviii) "Storage facility" means any
				facility that stores solid waste for a temporary period, at the end of which
				time the solid waste is treated, disposed, or stored elsewhere.
(lxxxix) "Surface impoundment" means a
				facility or part of a facility which 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), 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 include, but are not
				limited to holding, storage, settling, and aeration pits, ponds and
				lagoons.
(xc) "Tangible net worth"
				means net worth minus intangibles such as goodwill, patents or
				royalties.
(xci) "Tank" means a
				stationary device designed to contain an accumulation of waste that is
				constructed primarily of nonearthen materials (e.g., wood, concrete, steel,
				plastic) that provide structural support and integrity.
(xcii) "Topsoil" means all surface soil
				usually including the organic layer in which plants have most of their roots,
				or in the case where no topsoil is present, the top six inches of in-place
				native material.
(xciii) "Transfer
				of waste" means the temporary holding of solid waste pending transportation of
				the solid waste for treatment, storage, or disposal.
(xciv) "Transfer facility" means any solid
				waste transportation related facility including loading docks, parking areas,
				storage areas and ancillary features.
(xcv) "Treatment" means any method,
				technique, or process designed to change the physical, chemical, or biological
				character or composition of any solid waste so as to recover energy or material
				resources from the waste or so as to render it safer to transport, store, or
				dispose of, or to make it amenable for recovery, use, or storage, or for
				reduction in volume. Treatment includes but is not limited to baling, chipping,
				composting, distilling, incinerating, processing, reconditioning, recovering,
				recycling, re-refining, reclaiming, and shredding.
(xcvi) "Treatment facility" means any
				facility that treats solid waste. Types of treatment facilities include but are
				not limited to solid waste incinerators, tire shredding/chipping facilities,
				tire pyrolysis plants, solid waste shredding or baling facilities, drum and
				barrel reconditioning/recycling facilities, composting facilities, and
				facilities used to distill, re-refine, recover, recycle, or incinerate used
				antifreeze, oils or solvents.
(xcvii) "Ultimate parent guarantor" means an
				entity not controlled by any other entity and is the topmost responsible entity
				which owns or controls the operator and is the guarantor for a
				self-bond.
(xcviii) "Unprocessed
				household refuse" means municipal solid wastes which have not been treated,
				processed, or recycled at a facility subject to the requirements of these
				rules.
(xcix) "Unstable area" means
				a location that is susceptible to natural or human-induced events or forces
				capable of impairing the integrity of some or all of the landfill structural
				components responsible for preventing releases from a landfill. Unstable areas
				can include poor foundation conditions, areas susceptible to mass movements,
				and karst terrains.
(c) "Uppermost
				aquifer" means the geologic formation nearest the natural ground surface that
				is an aquifer, as well as lower aquifers that are hydraulically connected with
				this aquifer within the facility's property boundary.
(ci) "Used antifreeze" means any antifreeze
				that has been used and new antifreeze which has not been used for its intended
				purpose but is being discarded.
(cii) "Used oil" means any oil that has been
				refined from crude oil, or any synthetic oil, that has been used and new oil
				which has not been used for its intended purpose but is being discarded. Used
				oil does not include animal or vegetable oil.
(ciii) "Used tire" means a tire that cannot
				be described as new, but which is structurally intact and, for passenger tires,
				has a tread depth greater than two thirty-seconds (2/32) of an inch. A used
				tire can be mounted on a vehicle's rim without repair.
(civ) "Vadose zone" means the unsaturated
				zone between the land surface and the water table.
(cv) "Vector" means a carrier capable of
				transmitting a pathogen from one organism to another, including flies,
				mosquitoes, skunks, or rodents.
(cvi) "Waste management unit boundary" for
				the purpose of establishing a relevant point of compliance for municipal solid
				waste landfills, "waste management unit boundary" means a vertical surface
				located at the hydraulically downgradient limit of the municipal solid waste
				landfill unit. This vertical surface extends down to the uppermost
				aquifer.
(cvii) "Waste pile" means
				any noncontainerized accumulation of solid waste used for treatment or storage
				of solid waste.
(cviii) "Water
				table" means the seasonally high surface of groundwater which is subject to
				atmospheric pressure in an unconfined aquifer. Water table does not mean the
				piezometric surface of a confined aquifer.
(cix) "Wetlands" means those areas that are
				inundated or saturated by surface or groundwater at a frequency and duration
				sufficient to support, and that under normal conditions do support, a
				prevalence of vegetation typically adapted for life in saturated soil
				conditions. Wetlands include, but are not limited to, swamps, marshes, bogs and
				similar areas.
(cx) "Working face"
				means that portion of the land disposal site where solid wastes are being
				deposited and are being spread and compacted prior to the placement of cover
				materials.