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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 252. Department of Environmental Quality |
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Chapter 515. Management of Solid Waste |
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Subchapter 1. General Provisions |
SECTION 252:515-1-2. Definitions
Latest version.
- The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise. Any term not defined in this Chapter shall be defined as set forth in OAC 252:515-1-3."Active" means, when used to describe a solid waste disposal facility or a portion thereof (e.g., active MSWLF or active cell), any solid waste disposal facility, or portion thereof, accepting solid waste as of the effective date of this Chapter, regardless of whether such facility has obtained a solid waste permit from DEQ."Active life" means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities."Active portion" means:(A) that part of a land disposal facility that has or is receiving waste and that has not received either intermediate or final cover; or(B) solid waste process and storage areas at non-land disposal facilities."Airport" means a public-use airport open to the public without prior permission, and without restrictions within the physical capacities of available facilities."Applicant" means any person who applies for a new permit or a modification to an existing permit for a solid waste disposal facility identified in OAC 252:515-3-1(a) and(b)."Aquifer" means a geological formation, group of formations, or portion of a formation capable of yielding significant quantities of groundwater to wells or springs."Areas susceptible to mass movement" means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the land disposal facility, because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Such areas include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluxion, block sliding, and rock fall."ASTM" means the American Society for Testing and Materials."Bird hazard" means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants."Buffer zone" means a designated waste-free area within the permit boundary of a disposal facility, to separate waste handling, processing, and/or disposal activities from adjacent areas."Citizen collection station" means a designated location that is established or sponsored by a governmental entity and equipped with waste receptacles for exclusive, non-commercial use by individual residents to deposit their own household waste for collection and transportation to a permitted disposal site."CLIMOCS" means the following publication of the Oklahoma Climatological Survey: Shafer, Mark A., CLIMOCS: A Climatological Summary of 168 Oklahoma Cooperative Stations, Oklahoma Climatological Survey, February 1993, 184 pp."Composite liner" means a system installed at a land disposal facility composed of a recompacted clay liner overlain with a flexible membrane liner."C&D landfill" means a construction/demolition landfill."Composting facility" means a facility in which material is converted, under thermophilic conditions, to a product with a high humus content for use as a soil amendment or to prevent or remediate pollutants in soil, air, and stormwater run-off."Construction/demolition waste" means waste composed of the following:(A) asbestos-free waste from construction and/or demolition projects that may include such materials as metal, concrete, brick, asphalt, glass, roofing materials, limited amounts of packing materials, sheetrock, or lumber;(B) wood waste that may include such materials as yard waste, lumber, woodchips, wood shavings, sawdust, plywood, tree limbs, or tree stumps;(C) yard waste that may include such materials as grass clippings, tree limbs, tree stumps, shrubbery, flowers, or other vegetative matter resulting from land clearing or landscaping operations; or(D) residential lead-based paint waste."Contaminated stormwater" means:(A) water such as leachate and gas collection condensate, or stormwater that has come into direct contact with solid waste or waste handling and/or treatment areas;(B) stormwater discharged from areas of a land disposal facility with less than six inches of waste-free, compacted earthen material; or(C) wastewater resulting from washing vehicles or areas that are or have been in direct contact with solid waste."DEQ" means the Oklahoma Department of Environmental Quality."Disease vector" means rodents, flies, mosquitoes, or other animals, including insects, capable of transmitting disease to humans."Displacement" means the relative movement of any two sides of a fault measured in any direction."Disposal" means the final disposition of waste and shall be taken to include any discharge, deposit, injection, dumping, spilling, leaking, or placing of waste into or on the land or water so that the waste or any constituent thereof may enter the environment, including the air and any surface waters or ground waters."Disposal area" means that part of a land disposal facility where waste is disposed."Disposal facility" means disposal site as defined at 27A O.S. § 2-10-103."Engineer" means a licensed, professional engineer."EPA" means the United States Environmental Protection Agency."Existing" means, when used to describe a solid waste disposal facility or portion thereof (e.g. existing MSWLF or existing cell), any solid waste disposal facility, or portion thereof, that had a solid waste permit as of the effective date of this Chapter."Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the handling, processing, storage, and/or disposal of solid waste."Fault" means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side."Final closure" means a disposal facility has permanently ceased to accept solid waste for disposal and all required closure activities have been completed for the entire facility in accordance with the approved closure plan. Final closure is not synonymous with phased closure."Flood" means the general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of a lake, stream, river or other body of surface water, or the unusual and rapid accumulation or runoff of surface waters from any source."Flood, One hundred year (100 year)" means a flood that has a one percent or greater chance of occurrence in any given one year period, or of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period."Flood plain" means the lowland and relatively flat areas adjoining inland waters that are inundated by the 100-year flood."Gas condensate" means the liquid generated as a result of gas recovery processes."Generator" means, in the context of NHIW, any person, by site, whose act or process produces NHIW, or whose act first causes an NHIW to become subject to regulation."Groundwater" means water below the land surface in a zone of saturation."Hazardous waste" means those wastes subject to regulation under OAC 252:205."HBV" means hepatitis B virus."HIV" means human immunodeficiency virus."Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present."Household hazardous waste" means household waste that is corrosive, toxic, ignitable, or reactive, including, but not limited to: freon-containing appliances or tanks; non-empty propane tanks; oil, antifreeze, and other motor vehicle fluids; gasoline, kerosene, or diesel fuel; liquid paints; solvents; pesticides, herbicides, fungicides, or rodenticides; caustic cleaners; lead-acid batteries; swimming pool chemicals; unused firearm rounds; and acids and bases."Household waste" means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas)."Injection well" means a facility subject to regulation by OAC 252:652, Underground Injection Control."Karst terrains" means areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic features of karst terrains include, but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys."Land disposal facility" means a landfill, or any other discrete area of land or land excavation, where solid waste is placed for treatment, processing, and/or disposal. Land disposal facility does not include:(A) land application where solid waste is placed onto, or incorporated into, the soil as a soil amendment, fertilizer, or other legitimate agricultural purpose;(B) a surface impoundment that is either permitted by DEQ's Water Quality Division or is a part of an approved liquid waste management system at a permitted solid waste disposal facility;(C) composting facilities;(D) an injection well;(E) a solid waste transfer station;(F) a Used Tire Recycling Facility; or(G) a Roofing Material Recycling Facility"Landfill" means a discrete area of land or a land excavation in which solid waste is placed for permanent disposal."Large NHIW generator" means any business, by site, that generates over 10,000 tons of NHIW in Oklahoma during a calendar year. This definition does not include facilities that are permitted to receive and process solid waste generated by others."Leachate" means liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste. This includes:(A) fluid collected in a leachate collection system, including its sumps, surface impoundments, tanks, or other similar locations;(B) fluid collected on top of the bottom liner of a disposal cell that has received solid waste; and(C) leachate seeps from disposal cells that have received solid waste."Liquid waste" means any waste that is determined to contain "free liquids" as defined by the PFLT."Lithified earth material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface."Litter fence" means an easily portable fence to be located adjacent to the working face to assist with control of blowing material."Lower explosive limit" means the lowest percent by volume of a mixture of explosive gases that will propagate flame in air at 25°C and atmospheric pressure."Maximum horizontal acceleration" means the maximum expected horizontal acceleration of lithified earth material, depicted on a seismic hazard map, with a 90 percent or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment."MSWLF" means Municipal Solid Waste Landfill; a publicly or privately owned landfill that is or has received household waste. A MSWLF may also receive other types of non-hazardous solid wastes, such as nonhazardous sludge, NHIW, special waste, and construction/demolition waste."Natural disaster" means a natural occurrence or event (such as a tornado, flood, or forest or prairie fire) of such magnitude that the resultant damage and destruction produce quantities of wastes that overtax available solid waste management systems."NHIW" means non-hazardous industrial solid waste, as defined at 27A O.S. § 2-10-103. Examples of NHIW are listed in Appendix F of this Chapter."Non-contaminated stormwater" means:(A) stormwater that has not come into direct contact with solid waste, waste handling and/or treatment areas;(B) stormwater discharging from areas of a land disposal facility that has at least six inches of waste-free, compacted earthen material; and(C) wastewater resulting from washing vehicles or areas that have not been in direct contact with solid waste."Oklahoma Uniform Environmental Permitting Act" means 27A O.S. § 2-14-101 et seq. and the rules adopted thereunder at OAC 252:4 Rules of Practice and Procedure."Open burning" means the combustion of solid waste without:(A) control of combustion air to maintain adequate temperature for efficient combustion;(B) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and(C) control of the emission of the combustion products."Operating record" means all of the collective records of the facility relating to the site. Such records include, but are not limited to: the permit, modifications, and approvals; records concerning waste received; any sampling or analyses performed by the facility; closure, post-closure and corrective action plans; financial assurance records; inspection and compliance evaluation correspondence; reports; and scale tickets and related fee payment documentation."Owner/operator" means the person who owns a solid waste disposal facility and/or is responsible for the overall operation of a facility or part of a facility."OWRB" means the Oklahoma Water Resources Board."Permit boundary" means the outermost edge of the area described by legal description in the owner/operator's permit. The permitted boundary includes the area in the buffer zone."PFLT" means Paint Filter Liquids Test, EPA Method 9095."Phased closure" means the closing of individual disposal cells at a land disposal facility as they become full. Phased closure is not synonymous with final closure."Piezometer" means a small-diameter well used to make groundwater elevation measurements."Point source discharge" means any discharge of water that, when leaving the permit boundary of a facility, has been channeled or altered by man's activity in working that site."Poor foundation conditions" means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of a land disposal facility."POTW" means Publicly Owned Treatment Works; a wastewater treatment system, as defined at 27A O.S. § 2-6-101(9), that is owned by a State or municipality for the treatment of municipal or industrial wastewaters."Qualified groundwater scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering and has sufficient training and experience in groundwater hydrologyand related fields as maybe demonstrated by State registration, professional Certifications, or completion of accredited university programs that enable that individual to make sound professional judgments regarding groundwater monitoring, contaminant fate and transport, and corrective action."Recharge area" means an area where water is absorbed and added to the zone of saturation."Regulated medical waste" means a waste or reusable material that contains an etiologic agent and is generated in the diagnosis, treatment or immunization of human beings or animals; research pertaining to the diagnosis, treatment or immunization of human beings or animals; or the production or testing of biological products. Such waste includes, but is not limited to:(A) cultures and stocks of etiologic agents or live vaccines, and culture dishes, devices, paper, and cloth that has come into contact with such cultures, stocks or live vaccines;(B) human blood, blood products, and human body fluids, except urine or feces;(C) pathological wastes consisting of human tissues, organs, and body parts removed during surgery, autopsy, biopsy and other medical procedures;(D) untreated sharps;(E) used blood collection bags, tubes, and vials;(F) contaminated carcasses, body parts and bedding of animals intentionally exposed to pathogens in research, in the production of biologicals or the "in vivo" testing of pharmaceuticals;(G) items contaminated with blood or other human bodyfluids which drip freelyor would release such materials in a liquid or semi-liquid state if compressed or are caked with dried blood or body fluids and are capable of releasing these materials;(H) isolation wastes unless determined to be non-infectious by the infection control committee at the health care facility;(I) HIV-containing cell or tissue cultures, organ cultures, and HIV- or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV;(J) all disposable materials that have come in contact with cytotoxic or antineoplastic agents during the preparation, handling, and administration of such agents. Such wastes include, but are not limited to, masks, gloves, gowns, empty IV tubing and bags, vials, and other contaminated materials; and(K) any other material or equipment which, in the determination of the health care facility staff, infection control committee or other responsible party, presents a significant danger of infection because it is contaminated with, or may reasonably be expected to be contaminated with, etiologic agents."Residential lead-based paint waste" means lead-based paint debris, chips, dust, sludges, and other similar wastes generated as a result of abatement, rehabilitation, renovation, or remodeling activities in individual residences."Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility."Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility."Saturated zone" means that part of the earth's crust in which all voids are filled with water."Scavenging" means the uncontrolled, unorganized sorting, collecting, or removing of solid waste at the disposal site."Seismic impact zone" means an area with a ten percent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull (g), will exceed 0.10g in two hundred fifty (250) years;"Sludge" means the definition found at 27A O.S. § 2-10-401."Solid waste" means the definition found at 27A O.S. § 2-10-103."Special waste" means those wastes that are not hazardous wastes but because of their nature or volume, require special or additional handling aside from that given to routine household refuse. This includes but is not limited to: sludge, septic tank pumpings, grease trap wastes, dead animals, packing house offal and tankage, waste fats and oils, hatchery wastes, cannery wastes, NHIW, tires, and asbestos wastes."Structural components" mean liners, leachate collection systems, final covers, run-on/run-off systems, and any other component used in the construction and operation of a land disposal facility that is necessary for protection of human health and the environment."Surface impoundment" means a natural topographic depression, human-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 wastes containing free liquids and that is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons."Surface water" means water that stands on the surface of the land in reservoirs, lakes, ponds, sloughs, or swamps, or that flows across the land in rivers, creeks, or streams."SW-846" means EPA Publication SW-846, Test Methods for the Evaluation of Solid Waste Physical/Chemical Characteristics."Tremie pipe" means a device, usually a small-diameter flexible or rigid pipe, that carries filter pack or bentonite cement from the bottom to the top of a borehole or annular space without forming void spaces. In some cases, a well casing or hollow stem auger can be considered a tremie pipe."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 structural components responsible for preventing releases from a land disposal facility. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst terrains."Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary."Used Tire" means an unprocessed whole tire or tire part that can no longer be used for its original intended purpose, but can be beneficially reused as approved by the Department."Used Tire Recycling Facility" means the definition found at 27A O.S. § 2-11-401.1(15)."Waste pile" means any non-containerized accumulation of solid, non-flowing waste."Waters of the state" means the definition found at 27A O.S. §1-1-201(20)."Wetlands" mean those areas that are inundated or saturated by surface or groundwater 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, but are not limited to, swamps, marshes, bogs, and similar areas."Working face" means the place within a land disposal facility where waste has been deposited and has not been covered with at least intermediate cover."Yard waste composting facility" means a composting facility that only accepts yard waste."Zone of aeration" means a subsurface zone containing water under a pressure lower than that of the atmosphere, including water held by capillarity; and containing air or gases generally under atmospheric pressure. This zone is bounded above by the land surface and below by the water table; and is synonymous with vadose zone and unsaturated zone."Zone of saturation" means a subsurface zone in which essentially all the interstices are filled with water under pressure greater than that of the atmosphere. Although the zone may contain interstices filled with gas or liquids other than water, it is still considered saturated. This zone is separated from the zone of aeration by the water table and is synonymous with phreatic zone.