R315-270-2. Hazardous Waste Permit Program -- Definitions

  The following definitions apply to Rules R315-270 and 124. Terms not defined in Section R315-270-2 have the meaning given by Section R315-260-10 and Section 19-6-102.

  (a) "Administrator" means the Administrator of the United States Environmental Protection Agency, or an authorized representative.

  (b) "Application" means the information required by the Director under Section R315-270-14 through 29.

  (c) "Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.

  (d) "Closure" means the act of securing a Hazardous Waste Management facility pursuant to the requirements of Rule R315-264.

  (e) "Component" means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function, e.g., a pump seal, pump, kiln liner, kiln thermocouple.

  (f) "Corrective Action Management Unit" or CAMU means an area within a facility that is designated by the Director under Sections R315-264-550 through 555 for the purpose of implementing corrective action requirements under Section R315-264-101 and RCRA section 3008(h). A CAMU shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.

  (g) "CWA" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217 and Pub. L. 95-576; 33 U.S.C. 1251 et seq.

  (h) "Director" means the Director of the Division of Waste Management and Radiation Control.

  (i) "Disposal" has the meaning as found in Section 19-6-102.

  (j) "Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on the land or water, and at which hazardous waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.

  (k) "Draft permit" means a document prepared under Section R315-124-6 indicating the Director's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in Section R315-124-5, are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination, as discussed in Section R315-124-5 is not a "draft permit." A proposed permit is not a draft permit.

  (l) "Elementary neutralization unit" means a device which:

  (1) Is used for neutralizing wastes only because they exhibit the corrosivity characteristic defined in Section R315-261-22, or are listed in Sections R315-261-30 through 35 only for this reason; and

  (2) Meets the definition of tank, tank system, container, transport vehicle, or vessel in Section R315-260-10.

  (m) "Emergency permit" means a permit issued in accordance with Section R315-270-61.

  (n) "Environmental Protection Agency (EPA)" means the United States Environmental Protection Agency.

  (o) "EPA" means the United States Environmental Protection Agency.

  (p) "Existing hazardous waste management (HWM) facility" or "existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if:

  (1) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either

  (2)(i) A continuous on-site, physical construction program has begun; or

  (ii) The owner or operator has entered into contractual obligations which cannot be cancelled or modified without substantial loss-for physical construction of the facility to be completed within a reasonable time.

  (q) "Facility mailing list" means the mailing list for a facility maintained by the Director in accordance with Subsection R315-124-10(c)(1)(ix).

  (r) "Facility" or "activity" means any HWM facility or any other facility or activity, including land or appurtenances thereto, that is subject to regulation under Sections 19-6-101 through 125.

  (s) "Federal, State and local approvals or permits necessary to begin physical construction" means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances.

  (t) "Functionally equivalent component" means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.

  (u) "Generator" means any person, by site location, whose act, or process produces "hazardous waste" identified or listed in Rule R315-261.

  (v) "Ground water" means water below the land surface in a zone of saturation.

  (w) "Hazardous waste" means a hazardous waste as defined in Section 19-6-102 and further defined in Section R315-261-3.

  (x) "Hazardous Waste Management facility" means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units, for example, one or more landfills, surface impoundments, or combinations of them.

  (y) "HWM facility" means Hazardous Waste Management facility.

  (z) "Injection well" means a well into which fluids are being injected.

  (aa) "In operation" means a facility which is treating, storing, or disposing of hazardous waste.

  (bb) "Major facility" means any facility or activity classified as such by the Regional Administrator in conjunction with the Director.

  (cc) "Manifest' means the shipping document originated and signed by the generator which contains the information required by Sections R315-262-20 through 27.

  (dd) "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the CWA. The term includes an approved program.

  (ee) "NPDES" means National Pollutant Discharge Elimination System.

  (ff) "New HWM facility" means a Hazardous Waste Management facility which began operation or for which construction commenced after November 19, 1980.

  (gg) "Off-site" means any site which is not on-site.

  (hh) "On-site" means on the same or geographically contiguous property which may be divided by public or private right(s)-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(s)-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access, is also considered on-site property.

  (ii) "Owner or operator" means the owner or operator of any facility or activity subject to regulation under Sections 19-6-101 through 125.

  (jj) "Permit" means an operation plan under Section 19-6-108 to implement the requirements of Rules R315-270 and 124. Permit includes permit by rule, Section R315-270-60, and emergency permit, Section R315-270-61. Permit does not include interim status, Sections R315-270-70 through 73, or any permit which has not been the subject of final action by the Director, such as a draft permit or a proposed permit.

  (kk) "Permit-by-rule" means a provision of these rules stating that a facility or activity is deemed to have a permit if it meets the requirements of the provision.

  (ll) "Person" means person as defined in Subsection 19-1-103(4).

  (mm) "Physical construction" means excavation, movement of earth, erection of forms or structures, or similar activity to prepare an HWM facility to accept hazardous waste.

  (nn) "POTW" means publicly owned treatment works.

  (oo) "Publicly owned treatment works" means any device or system used in the treatment, including recycling and reclamation, of municipal sewage or industrial wastes of a liquid nature which is owned by a State or municipality. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

  (pp) "RCRA" means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 U.S.C. 6901 et seq.

  (qq) "Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.

  (rr) "Remedial Action Plan" (RAP) means a special form of permit that a facility owner or operator may obtain instead of a permit issued under Sections R315-270-3 through 66, to authorize the treatment, storage or disposal of hazardous remediation waste, as defined in Section R315-260-10, at a remediation waste management site.

  (ss) "Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements, for example, actions, operations, or milestone events, leading to compliance with Sections 19-6-101 through 125 and rules adopted thereunder.

  (tt) "SDWA" means the Safe Drinking Water Act, Pub. L. 95-523, as amended by Pub. L. 95-1900; 42 U.S.C. 3001 et seq.

  (uu) "Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

  (vv) "State" means any of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.

  (ww) "Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed, or stored elsewhere.

  (xx) "Transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.

  (yy) "Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway or water.

  (zz) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such wastes, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.

  (aaa) "UIC" means the Underground Injection Control Program under part C of the Safe Drinking Water Act, including an approved program.

  (bbb) "Underground injection" means a well injection.

  (ccc) "Underground source of drinking water" means an aquifer or its portion:

  (1)(i) Which supplies any public water system; or

  (ii) Which contains a sufficient quantity of ground water to supply a public water system; and

  (A) Currently supplies drinking water for human consumption; or

  (B) Contains fewer than 10,000 mg/l total dissolved solids; and

  (2) Which is not an exempted aquifer.

  (ddd) "USDW" means underground source of drinking water.

  (eee) "Wastewater treatment unit" means a device which:

  (1) Is part of a wastewater treatment facility which is subject to regulation under Rule R317-1 through 15; and

  (2) Receives and treats or stores an influent wastewater which is a hazardous waste as defined in Section R315-261-3, or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in Section R315-261-3, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in Section R315-261-3; and

  (3) Meets the definition of tank or tank system in Section R315-260-10.