Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES
Section 096-854-3 - Definitions

A. Aboveground tank. "Aboveground tank" means a device meeting the definition of "tank" which is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) can be visually inspected.

B. Active Life. "Active life" means the period from the initial receipt of hazardous waste at the facility until the Department receives certification of final closure.

C. Ancillary equipment. "Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to a storage or treatment tank(s), between hazardous waste storage or treatment tanks to a point of disposal on-site, or to a point of shipment for disposal offsite.

D. Claims made policy. "Claims made policy" means an insurance policy that provides coverage for an occurrence for which a claim arising out of the occurrence is made during the term of the policy or any extension thereof.

E. Component. "Component" means either the tank or ancillary equipment of a tank system.

F. Container. "Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

G. Corrosion expert. "Corrosion expert" means a person who has knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience and is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or a licensed professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.

H. Dike. "Dike" means a berm, embankment or ridge of either natural or man-made materials used to prevent the lateral movement of liquids, sludges, solids or other materials.

I. Existing tank system. "Existing tank system" or "existing component" means a tank system or component used for the storage or treatment of hazardous waste that is in operation, or which installation has commenced on or prior to July 14, 1986. Installation will be considered to have commenced if the owner or operator has obtained all Federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either (1) a continuous on-site physical construction or installation program has begun, or (2) the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable time.

J. Final Closure. "Final closure" means the closure of all hazardous waste management units at the facility in accordance with all applicable requirements so that hazardous waste management activities are no longer conducted, except as provided in Standards for Generators of Hazardous Waste, 06-096 C.M.R. ch. 851, § 8(B).

K. Food chain crops. "Food chain crops" means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.

L. Freeboard. "Freeboard" means the vertical distance between the top edge of a tank or surface impoundment dike and the surface of the waste contained therein.

M. Hazardous waste incinerator. "Hazardous waste incinerator" means an enclosed device using controlled flame combustion, a purpose of which is to thermally break down hazardous waste. Examples of incinerators are rotary kiln, fluidized bed, and liquid injection incinerators, cement kilns and boilers used to thermally treat hazardous waste.

N. Hazardous Waste Management Unit. "Hazardous waste management unit" as is defined in 40 C.F.R. §260.10.

O. Hydraulic conductivity. "Hydraulic conductivity" means a recognized measure of water permeability under standard conditions of hydraulic head.

P. Inground tank. "Inground tank" means a device meeting the definition of tank whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.

Q. Installation inspector. Installation inspector means a person who has knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, and is qualified to supervise the installation of tank systems.

R. Landfill. "Landfill" is defined as is defined in 40 C.F.R. §260.10.

S. Land treatment. "Land treatment" means the treatment of hazardous waste by application onto or incorporation into the soil surface so that the waste is rendered nonhazardous by soil processes. A land treatment facility is a disposal facility if the waste will remain after use of the facility ceases.

T. Leachate. "Leachate" means any liquid or semi-liquid, including any suspended components therein, that has percolated through or drained from hazardous waste.

U. Leak detection system. "Leak detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls (e.g., daily visual inspections) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.

V. Abbreviated License. "Abbreviated License" means authorization to establish, construct, alter or operate a facility upon and for so long as the facility is in compliance with requirements established by Licensing of Hazardous Waste Facilities, 06-096 C.M.R. ch. 856, § 11.

W. Miscellaneous unit. "Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, waste pile, land treatment unit, landfill, incinerator (including boiler or industrial furnace), or underground injection well.

X. Mobile treatment facility. "Mobile treatment facility" means a facility or unit capable of being moved and operated at hazardous waste sites for a limited period of time at a generator's site. In order to qualify as a "mobile treatment facility" units located at generator sites must be operational at more than one site in a calendar year.

Y. New tank system. "New tank system" means a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced after July 14, 1986.

Z. On ground tank. "On ground tank" means a device meeting the definition of tank which is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.

AA. Partial Closure. "Partial closure" means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of Interim Licenses for Waste Facilities for Hazardous Waste, 06-096 C.M.R. ch. 855 and 06-096 C.M.R. ch. 856 at a facility that contains other active hazardous waste management units.

BB. Principal hazardous constituents (PHC). "Principal hazardous constituents" (PHC) means the hazardous constituents identified in Identification of Hazardous Waste, 06-096 C.M.R. ch. 850, Appendix VIII.

CC. Representative sample. "Representative sample" means a sample of a universe or whole which can be expected and demonstrated to exhibit the average properties of the universe or whole.

DD. Run-off. "Run-off" means any rainwater, leachate or other liquid that drains from any part of the facility property over land, including land which is part of the facility property as defined in 06-096 C.M.R. ch. 856, §3 and land which is not.

EE. Run-on. "Run-on" means any rainwater, leachate or other liquid that drains onto any part of the facility property over land, including land which is part of the facility property as defined in 06-096 C.M.R. ch. 856, §3 and land which is not.

FF. Seepage lagoon. "Seepage lagoon" means any lagoon in which seepage of liquid hazardous waste or leachate through its base or sides is the intended method of disposal of liquids from the lagoon.

GG. Storage. "Storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous waste.

HH. Sump. "Sump" means any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, "sump" means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.

II. Surface impoundment. "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 or holds an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, treatment, settling and aeration pits, ponds and lagoons.

JJ. Tank. "Tank" means a stationary device designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials which provide structural support.

KK. Tank system. "Tank system" means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

LL. Thermal treatment. "Thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation and microwave discharge.

MM. Treatment. "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 waste, 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 handle; or amenable for recovery, amenable for storage, or reduced in volume.

NN. Trust fund. "Trust fund" means a trust, established by the owner or operator of a hazardous waste facility and administered by a financial institution with fiduciary responsibility to carry out the terms of the trust, in which funds are held for the purpose of assuring proper closure and post-closure care of the facility, as applicable.

OO. Underground injection. "Underground injection" means the subsurface emplacement of fluids through a bored, dug, drilled or driven well, or a subsurface waste disposal system including, but not limited to, a septic tank, cesspool, drainage field, seepage lagoon, salt dome formation, salt bed formation, underground mine or cave.

PP. Underground tank. "Underground tank" means a device meeting the definition of tank whose entire surface area is totally below the surface of and covered by the ground.

QQ. Unfit for use tank system. "Unfit for use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.

RR. Waste pile. "Waste pile" means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for storage of the waste prior to treatment or disposal.

SS. Zone of saturation. "Zone of saturation" means that part of the earth's crust in which all voids are filled with water.