Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 852 - LAND DISPOSAL RESTRICTIONS
Section 096-852-3 - Definitions

A. Debris. "Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is: a manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in 40 C.F.R. Part 268, namely lead acid batteries, cadmium batteries, and radioactive lead solids, process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. For the purposes of this Chapter, mercury-containing items such as thermometers, pumps, manometers, thermostats, jars of elemental mercury, batteries, dental amalgam collection devices, and ampules are containers. A mixture of debris that has not been treated to the standards provided by 40 C.F.R. §268.45 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.

NOTE: Mercury- containing items are subject to the non-debris mercury treatment standards and must be removed and managed separately from any debris.

B. Halogenated organic compounds. "Halogenated organic compounds" or "HOCs" means those compounds having a carbon halogen bond which are listed in Appendix III of this Chapter.

C. Hazardous constituent. "Hazardous constituent" means a constituent listed in Appendix VIII to 06-096 C.M.R. ch. 850.

D. Hazardous Debris. "Hazardous debris" means debris that contains hazardous waste listed in 06-096 C.M.R. ch. 850 or that exhibits a characteristic of hazardous waste identified in 06-096 C.M.R. ch. 850. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification (i.e. from waste to hazardous debris) is not allowed under the dilution prohibition in Section 6 of this Chapter.

E. Inorganic metal-bearing waste. "Inorganic metal-bearing waste" means a waste for which EPA has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in 40 C.F.R. §268.3(c)(1) and is specifically listed in Appendix XI of 40 C.F.R. Part 268.

F. Land disposal. "Land disposal" means placement in or on the land and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes. Land disposal does not include placement in a staging pile or corrective action management unit.

G. Non-wastewaters. "Non-wastewaters" means wastes that do not meet the definition of wastewaters in K below.

H. Polychlorinated biphenyls. "Polychlorinated biphenyls" or "PCBs" are halogenated organic compounds defined in accordance with 40 C.F.R. §761.3.

I. Soil. "Soil" means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Natural Resources Conservation Service, or a mixture of such materials with liquids, sludges or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mix in of prohibited hazardous waste with soil that changes its treatment classification (i.e. from waste to contaminated soil) is not allowed under the dilution prohibition in Section 6 of this Chapter.

J. Underlying hazardous constituent. "Underlying hazardous constituent" means any constituent listed in 40 C.F.R. §268.48 Table UTS-Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards.

K. Wastewaters. "Wastewaters" means wastes that contain less than 1% by weight total organic carbon (TOC) and less than 1% by weight total suspended solids (TSS).

L. All other terms shall have the meaning specified in 06-096 C.M.R. ch. 854, §3 or 40 C.F.R. §260.10.