Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 4 - Nonhazardous Solid Waste Management Regulations
Chapter 1 - Mississippi Commission on Environmental Quality Regulation Regarding Nonhazardous Solid Waste Management Regulations
Rule 11-4-1.1 - General Information Requirements
Universal Citation: MS Code of Rules 11-4-1.1
Current through September 24, 2024
A. Purpose, Scope and Applicability
(1) The purpose of these
regulations is to establish minimum State criteria under the Mississippi Solid
Waste Law, as amended, for all solid waste management facilities. These minimum
State criteria ensure the protection of human health and the environment.
Statutory authority for these regulations includes Sections
17-17-27,
17-17-213,
17-17-229,
17-17-231,
21-27-207,
and
49-17-17,
Mississippi Code Annotated.
(2)
Rules 1.2 and 1.3 of these regulations apply to all solid waste management
facilities as described therein, unless otherwise specified or excluded in
paragraph B. of this rule.
(3) Rule
1.4 of these regulations applies to all landfills as described therein, unless
otherwise specified or excluded in paragraph B. of this rule.
(4) Rule 1.5 of these regulations applies to
all transfer stations and to the storage and collection of solid wastes, unless
otherwise specified or excluded in paragraph B. of this rule.
(5) Rule 1.6 of these regulations applies to
all rubbish sites as described therein, unless otherwise specified or excluded
in paragraph B. of this rule.
(6)
Rule 1.7 of these regulations applies to all processing facilities as described
therein, unless otherwise specified or excluded in paragraph B. of this
rule.
(7) Rule 1.8 of these
regulations applies to all land application sites as described therein, unless
otherwise specified or excluded in paragraph B. of this rule.
(8) Rule 1.9 of these regulations applies to
all composting facilities as described therein, unless otherwise specified or
excluded in paragraph B. of this rule.
(9) Solid waste management facilities failing
to satisfy these criteria are considered to be open dumps for purposes of State
waste management planning and are prohibited under Section 4005 of RCRA and the
Mississippi Solid Waste Disposal Law, where there are criteria applicable to
the facilities.
(10) MSWLF units
containing sewage sludge and failing to satisfy these criteria violate sections
309 and 405(e) of the Clean Water Act.
(11) Solid waste management facilities which
manage or dispose of sewage sludge must comply with 40 CFR 503 - Standards for
the Use or Disposal of Sewage Sludge, which are incorporated herein and adopted
by reference.
B. Exclusions. Notwithstanding anything in these regulations to the contrary, the management of solid waste is subject to these regulations except as described herein:
(1) Hazardous wastes, which are
subject to regulation under Subtitle C of the Federal Resource Conservation and
Recovery Act (RCRA), as amended.
(2) Domestic sewage or industrial wastewater
that passes through a sewer system or wastewater treatment works and which is
subject to regulation under any other state or federal environmental regulatory
program. (Unless paragraph B.5. of this rule is applicable, this exclusion does
not apply to sludges and other materials once they are removed from the
wastewater treatment works and disposed.)
(3) Solid wastes generated by the growing or
harvesting of agricultural crops or the raising of animals (including animal
manure), where such wastes are uniformly and promptly returned to the soil as
fertilizers or soil conditioners.
(4) Rubbish that is legitimately used,
reused, recycled or reclaimed, except for rubbish wastes which is composted or
which, due to its chemical or physical constituency, would result in an
endangerment to the environment or the public health, safety, or
welfare.
(5) Beneficial uses of
solid wastes that have been determined by the Department to have physical and
chemical qualities that make the wastes suitable for use as a replacement
material for other raw materials or products. The Commission may adopt
additional guidance or standards to evaluate such wastes for beneficial
use.
(6) Beneficial fill projects
involving an area occupying less than one acre in size and for a duration of
less than 120 days. Beneficial fill projects involving an area larger than one
acre or for a duration of more than 120 days may be excluded upon the review
and approval of the Permit Board or the Permit Board's designee.
(7) Solid wastes generated in silviculture
activities (e.g., timber harvesting slash and land clearing debris) whenever
such wastes are left onsite.
(8)
Solid wastes processed on the same property on which wastes are generated in a
processing facility owned and operated by the generator.
(9) Solid wastes which do not constitute an
endangerment to the environment or the public health, safety or welfare and
which are disposed of on the same property on which wastes are generated, upon
the concurrence of the Permit Board or the Permit Board's designee. In
determining whether a solid waste constitutes an endangerment to the
environment or the public health, safety or welfare, the Permit Board or the
Permit Board's designee shall consider both the quantity and quality of the
solid waste, the method of disposal, the location of the disposal property and
any other factors which would warrant special concern. Garbage and rubbish
containing garbage have been determined by the Commission and by the Department
to have characteristics that constitutes an endangerment to the environment,
public health, safety, and welfare of the general public within the meaning of
Section
17-17-13,
Mississippi Code Annotated, and accordingly, are not included in this
exemption. All garbage and rubbish containing garbage regardless of where it is
disposed or who the generator is, shall be managed in accordance with these
regulations and other laws, rules, and regulations pertaining to the management
of garbage and rubbish containing garbage.
(10) Solid wastes contained within mining
overburden that is returned to the mine site.
(11) Wastes subject to regulation under Part
C of the Federal Safe Drinking Water Act (Underground injection
wells).
(12) Wastes associated with
the exploration or production of crude oil or natural gas, except where those
wastes are disposed or processed in a commercial oil field exploration and
production waste disposal facility.
C. Definitions. Unless otherwise noted, all terms contained in this regulation are defined by their plain meaning. This section contains definitions for terms that appear throughout this regulation. Additional definitions appear in the specific sections to which they apply.
(1) "Active life" means the period of
operation beginning with the initial receipt of solid waste and ending at
completion of closure activities in accordance with these
regulations.
(2) "Active portion"
means that part of a facility or unit that has received or is receiving wastes
and that has not been closed in accordance with these regulations.
(3) "Airport" means a public-use airport open
to the public without prior permission and without restrictions within the
physical capacities of available facilities.
(4) "Aquifer" means a geological formation,
group of formations, or portion of a formation capable of yielding significant
quantities of groundwater to wells or springs.
(5) "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 landfill, because of natural or
man-induced events, results in the downslope transport of soil and rock
material by means of gravitational influence. Areas of mass movement include,
but are not limited to, landslides, avalanches, debris slides and flows, soil
fluction, block sliding, and rock fall.
(6) "Backyard composting or vermicomposting"
means the composting of organic solid waste, such as yard waste and household
garbage, generated by a homeowner or tenant of a single or multi-family
residential unit, where such composting occurs at the site of the
residence.
(7) "Beneficial Fill"
means the use of uncontaminated, non-water soluble, non-decomposable class II
rubbish wastes to level an area or bring the area to a grade for beneficial
purposes, where an earthen cover is applied upon completion of the fill. Such
beneficial purposes must not be conducted for monetary compensation and may
include landscaping, erosion control or repair, land stabilization,
construction base preparations or other land improvements.
(8) "Beneficial Use" means the legitimate use
of a solid waste in the manufacture of a product or as a product for
construction, soil amendment, or other purposes, where the solid waste replaces
a natural or other resource material by its utilization.
(9) "Bird hazard" means an increase in the
likelihood of bird/aircraft collisions that may cause damage to the aircraft or
injury to its occupants.
(10)
"Cation Exchange Capacity" means the sum of exchangeable cations a soil can
absorb expressed in milliequivalents per 100 grams of soil as determined by
sampling the soil to the depth of cultivation or solid waste placement,
whichever is greater, and analyzing by the summation method for distinctly acid
soils or the sodium acetate method for neutral, calcareous or saline
soils.
(11) "Certificate of
Coverage" means a written grant of coverage under an existing general
permit.
(12) "Church" means a
permanent structure with a permanent foundation and constructed roof, floors,
and walls, the primary use of which is for a group of persons to meet at least
weekly for religious services.
(13)
"Class I Rubbish Site" means a rubbish site, which receives the types of
rubbish described in Rule 6.B of these regulations.
(14) "Class II Rubbish Site" means a rubbish
site, which receives only the type of rubbish described in Rule 6.C of these
regulations.
(15) "Coastal
wetlands" means such areas as defined by and subject to the Coastal Wetlands
Protection Act.
(16) "Commercial
nonhazardous solid waste management facility" means any facility engaged in the
storage, treatment, processing or disposal of nonhazardous solid waste for
compensation or which accepts nonhazardous solid waste from more than one (1)
generator not owned by the facility owner.
(17) "Commercial oil field exploration and
production waste disposal" means storage, treatment, recovery, processing,
disposal or acceptance of oil field exploration and production waste from more
than one (1) generator or for a fee.
(18) "Commercial solid waste" means all types
of solid waste generated by stores, offices, restaurants, warehouses, and other
nonmanufacturing activities, excluding residential and industrial
wastes.
(19) "Commercial waste
incinerator" means an incinerator which burns solid waste received from more
than one generator or for compensation, but excluding those which burn only
wood or paper waste.
(20)
"Commission" means the Mississippi Commission on Environmental
Quality.
(21) "Composite liner"
means a system consisting of two components; the upper component must consist
of a minimum 30-mil flexible membrane liner (FML), and the lower component must
consist of at least a two-foot layer of compacted soil with a hydraulic
conductivity of no more than 1 x 10-7 cm/sec. FML
components consisting of High Density Polyethylene (HDPE) shall be at least
60-mil thick. The FML component must be installed in direct and uniform contact
with the compacted soil component.
(22) "Compost" means the resulting product
from a composting facility after having undergone biological decomposition,
less residuals or recyclables, and which has been stabilized to a degree that
it is potentially beneficial to plant growth and which is used or sold for use
as a soil amendment, artificial topsoil, growing medium amendment, or other
similar uses.
(23) "Composting
facility" means a facility which produces compost, excluding backyard
composting or vermicomposting, or normal farming operations.
(24) "Composting or compost plant" means an
officially controlled method or operation whereby putrescible solid wastes are
broken down through microbic action to a material offering no hazard or
nuisance factors to public health or well-being.
(25) "Cumulative pollutant loading rate"
means the maximum amount of an inorganic pollutant that can be applied to an
area of land.
(26) "Curing" means
the final stage of the composting process beginning in the later part of the
mesophilic stage. During the curing process oxygen demand is reduced as the
pile is recolonized by soil-dwelling micro-organisms. Once cured, the compost
will not generate odors.
(27)
"Department" means the Mississippi Department of Environmental
Quality.
(28) "Disposal" means the
discharge, deposit, injection, dumping, spilling, leaking, or placing of any
solid waste into or on any land or water so that such solid waste or any
constituent thereof may enter the environment or be emitted into the air or
discharged into any water, including groundwater.
(29) "Disease vectors" means any rodents,
birds, flies, mosquitoes, or other animals, including insects, capable of
transmitting disease to humans.
(30) "Displacement" means the relative
movement of any two sides of a fault measured in any direction.
(31) "Dumpster" means a specially
constructed, removable waste container of any size designed to be mechanically
picked up, dumped, and/or transported by a specially constructed vehicle
designed for that purpose. (Commonly referred to as roll-off containers, green
boxes, or commercial containers.)
(32) "Endangered or threatened species" means
any species listed as such pursuant to the Federal Endangered Species Act of
1973, as amended, or as defined by Section
49-5-105,
Mississippi Code Annotated.
(33)
"Executive Director" means the Executive Director of the Mississippi Department
of Environmental Quality.
(34)
"Existing facility" means a facility that has obtained a valid permit or other
authorization from the Department before the effective date of the rules
applicable to the facility, excluding those which have closed and are no longer
authorized to receive solid waste.
(35) "Existing MSWLF unit" means any
municipal solid waste landfill unit that is receiving solid waste as of the
effective date of these regulations. Waste placement in existing units must be
consistent with past operating practices or modified practices to ensure good
management.
(36) "Facility" means
all contiguous land and structures, other appurtenances, and improvements on
the land used for the management of solid waste.
(37) "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.
(38) "Floodplain" means the lowland and
relatively flat areas adjoining inland and coastal waters, including
flood-prone areas of offshore islands that are inundated by the 100-year
flood.
(39) "Garbage" means
putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food, including wastes from markets,
storage facilities, handling and sale of produce and other food products, and
excepting such materials that may be serviced by garbage grinders and handled
as household sewage.
(40) "Gas
condensate" means the liquid generated as a result of gas recovery process(es)
at an MSWLF unit.
(41) "General
Permit" means a permit, which applies to a specified category of similar
facilities or activities that involve similar solid wastes or have similar
operating and/or monitoring requirements and restrictions.
(42) "Groundwater" means water below the land
surface in a zone of saturation.
(43) "Hazardous wastes" means any waste or
combination of waste of a solid, liquid, contained gaseous, or semisolid form
which because of its quantity, concentration or physical, chemical or
infectious characteristics, may
(a) cause, or
significantly contribute to an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness; or
(b) pose a substantial present or potential
hazard to human health or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed which are listed by the
Environmental Protection Agency as hazardous wastes which exceed the threshold
limits set forth in the Environmental Protection Agency regulations for
classifying hazardous waste.
Such wastes include, but are not limited to, those wastes which are toxic, corrosive, flammable, irritants, strong sensitizers, or which generate pressure through decomposition, heat or other means. Such wastes do not include those radioactive materials regulated pursuant to the Mississippi Radiation Protection Law of 1976, appearing in Section 45-14-1 et seq..
(44)
"Holocene" means the most recent epoch of the Quaternary period, extending from
the end of the Pleistocene Epoch to the present.
(45) "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).
(46)
"Incinerator" means a combustion device specifically designed for the
destruction by high temperature burning of solid, semi-solid, liquid, or
gaseous combustible waste and from which the solid residues contain little or
no combustibles.
(47) "Individual
Permit" means a permit, which applies only to a specific facility or
location.
(48) "Industrial solid
waste" means solid waste generated by manufacturing or industrial processes
that is not a hazardous waste regulated under Subtitle C of RCRA. Such waste
may include, but is not limited to, waste resulting from the following
manufacturing processes: Electric power generation; fertilizer/agricultural
chemicals; food and related products/by-products; inorganic chemicals; iron and
steel manufacturing; leather and leather products; nonferrous metals
manufacturing/foundries; organic chemicals; plastics and resins manufacturing;
pulp and paper industry; rubber and miscellaneous plastic products; stone,
glass, clay, and concrete products; textile manufacturing; transportation
equipment; and water treatment. This term does not include mining waste or oil
and gas waste.
(49) "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 physiographic
features present in karst terrains include, but are not limited to, sinkholes,
sinking streams, caves, large springs, and blind valleys.
(50) "Lake or reservoir" means a body of
water, not owned by the applicant or facility owner, having greater than ten
acres of surface area at such time as the spillway overflows, with a primary
purpose other than wastewater storage or treatment.
(51) "Land Application" means the
incorporation of waste into the soil, the injection of waste below the land
surface or other application of waste to the land for soil amendment or
conditioning purposes or for biodegradation of the waste.
(52) "Land application site" means a site
upon which land application activities are conducted.
(53) "Landfill" means a controlled area of
land upon which solid wastes are deposited, compacted, and covered with no
on-site burning of wastes, and which is so located, contoured, drained and
operated so that it will not cause an adverse effect on public health or the
environment. This term includes MSWLF units and other landfills, but not sites
which receive only rubbish.
(54)
"Lateral expansion" means a horizontal expansion of the waste boundaries of an
existing solid waste management facility. In the context of an MSWLF unit, this
term includes previously permitted areas where such areas have not received
wastes. In the context of other facilities, this term does not include
previously permitted areas where such areas have not received waste.
(55) "Leachate" means a liquid that has
passed through or emerged from solid waste and contains soluble, suspended, or
miscible materials removed from such waste.
(56) "Liquid waste" means any waste material
that is determined to contain "free liquids" as defined by Method 9095 (Paint
Filter Liquids Test), as described in "Test Methods for Evaluating Solid
Wastes, Physical/Chemical Methods" (EPA Pub. No. SW-846).
(57) "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's
surface.
(58) "Lower explosive
limit" means the lowest percent by volume of a mixture of explosive gases in
air that will propagate a flame at 25°C and atmospheric pressure.
(59) "Maximum horizontal acceleration in
lithified earth material" means the maximum expected horizontal acceleration
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.
(60) "Mesophilic stage"
means the biological stage in the composting process characterized by active
bacteria which favor a moderate temperature range of 20° to 45°C
(68° to 113°F). It occurs later in the composting process after the
thermophilic stage and is associated with a moderate rate of
decomposition.
(61) "Mining
Overburden" means all earth and other natural materials which are removed to
gain access to the desired minerals in the process of surface mining and shall
mean such material before or after its removal by surface mining.
(62) "Municipal solid waste" means any
nonhazardous solid waste resulting from the operation of residential,
commercial, governmental, industrial or institutional establishments except oil
field exploration and production wastes and sewage sludge.
(63) "Municipal solid waste management
facility" means any land, building, plant, system, motor vehicles, equipment or
other property, whether real, personal or mixed, or any combination of either
thereof, used or useful or capable of future use in the collection, storage,
treatment, utilization recycling, processing, transporting or disposal of
municipal solid waste, including transfer stations, incinerators, sanitary
landfill facilities or other facilities necessary or desirable.
(64) "Municipal solid waste landfill unit
(MSWLF unit)" means a discrete area of land or an excavation that receives
household waste (including ash from a municipal solid waste combustion
facility) and that is not a land application unit, surface impoundment,
injection well, or waste pile, as those terms are defined under 40 CFR Part
257.2. A MSWLF unit may also receive other types of RCRA subtitle D wastes,
such as commercial solid waste, nonhazardous sludge, small quantity generator
waste and industrial solid waste. Such a landfill may be publicly or privately
owned. A MSWLF unit may be a new MSWLF unit, an existing MSWLF unit or a
lateral expansion.
(65) "New
facility" means a facility that has not received waste and which has not
applied for or received a valid permit or other authorization from the
Department to receive waste prior to the effective date of the rule applicable
to the facility, including any land area of an existing facility that has not
been previously permitted.
(66)
"New landfill" means a landfill that has not received waste and which has not
applied for or received a valid permit or other authorization from the
Department to receive waste prior to the effective date of the rule applicable
to the landfill, including any land area of an existing landfill that has not
been previously permitted.
(67)
"New MSWLF unit" means any municipal solid waste landfill unit that has not
received waste prior to the effective date of the rule applicable to the
unit.
(68) "Normal Farming
Operations" means the customary and generally accepted activities, practices,
and procedures that farmers adopt or utilize on their own property for their
own use during the production and preparation for market of poultry, livestock
and associated farm products, and in the production and harvesting of crops,
including agronomic, horticultural and silvicultural crops.
(69) "Open burning" means the combustion of
solid waste without the following:
(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.
(70) "100-year
flood" means a flood that has a 1-percent or greater chance of recurring in any
given year or a flood of a magnitude equalled or exceeded once in 100 years on
the average over a significantly long period.
(71) "Outdoor facility" means a facility in
which any solid waste management activity, including storage, is not adequately
enclosed within a walled and roofed structure.
(72) "Owner" means the person(s) who owns a
facility or part of a facility and is responsible for the overall
operation.
(73) "Pathogens" means
disease-causing organisms, including but not limited to certain bacteria,
protozoa, viruses and viable helminth ova.
(74) "Permit" means the formal written
approval issued by the Mississippi Environmental Quality Permit Board to
operate a solid waste management facility. A permit may be an individual
permit, issued to a person, or a general permit, issued for a specified
category of similar facilities or activities that involve similar solid wastes
or have similar operating and/or monitoring requirements and
restrictions.
(75) "Permit Board"
means the Mississippi Environmental Quality Permit Board, as established under
Section
49-17-28,
Mississippi Code Annotated.
(76)
"Permit Board's designee" means the Executive Director or a member of the
Department staff.
(77) "Person"
means any individual, trust, firm, joint-stock company, public or private
corporation (including a government corporation), partnership, association,
state, or any agency or institution thereof, municipality, Commission,
political subdivision of a state or any interstate body, and includes any
officer or governing or managing body of any municipality, political
subdivision, or the United States or any officer or employee thereof.
(78) "Plant Available Nitrogen" means the
amount of nitrogen available for plant uptake. It consists of all of the
nitrate and ammonia present in the soil and a fraction of the organic nitrogen
present which can be expected to be converted to an inorganic form during a
given year.
(79) "Polychlorinated
biphenyls (PCBs)" means any chemical substance that is limited to the biphenyl
molecule that has been chlorinated to varying degrees or any combination of
substances, which contains such substances.
(80) "Polychlorinated biphenyl (PCB)
waste(s)" means those PCBs and PCB items that are subject to the disposal
requirements of Subpart D of 40 CFR Part 761.
(81) "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
landfill.
(82) "Processing
facility" means a facility, other than a composting facility or transfer
station used to sort, shred, grind, bale, treat or otherwise process solid
waste. The term does not include facilities which receive and manage only
recyclable components of solid wastes that are removed at least
annually.
(83) "Public water supply
well" means a water supply well, which is regulated by the Safe Drinking Water
Act of 1974, the Mississippi Drinking Water Law of 1976, or regulations
promulgated thereunder.
(84)
"Putrescible wastes" means solid wastes which are capable of being decomposed
by micro-organisms with sufficient rapidity to cause nuisances from odors or
gases.
(85) "Qualified groundwater
scientist" means a scientist, geologist or engineer, who has received a
baccalaureate or post-graduate degree in the natural sciences, geology or
engineering and has sufficient training and experience in groundwater hydrology
and related fields as may be 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.
(86) "Recyclables" means materials which are
intended to be sold or delivered to the open market for recycling or processing
into a marketable product.
(87)
"Regulated hazardous waste" means a solid waste that is a hazardous waste, as
defined in 40 CFR Part 261.3, that is not excluded from regulation as a
hazardous waste under 40 CFR Part 261.4(b) or was not generated by a
conditionally exempt small quantity generator as defined in 40 CFR Part
261.5.
(88) "Residuals" means
material removed from a processing or composting facility which cannot be
processed or composted.
(89)
"Rubbish" means nonputrescible solid wastes (excluding ashes) consisting of
both combustible and noncombustible wastes. Combustible rubbish includes paper,
rags, cartons, wood, furniture, rubber, plastics, yard trimmings, leaves and
similar material. Noncombustible rubbish includes glass, crockery, metal cans,
metal furniture and like material which will not burn at ordinary incinerator
temperatures (not less than 1600 degrees F.).
(90) "Rubbish site" means a site, which
receives rubbish for the purpose of disposal.
(91) "Run-off" means any rainwater, leachate,
or other liquid that drains over land from any part of a facility.
(92) "Run-on" means any rainwater, leachate,
or other liquid that drains over land onto any part of a facility.
(93) "Saturated zone" means that part of the
earth's crust in which all voids are filled with water.
(94) "Scavenging" means the uncontrolled and
unauthorized removal of materials at any point in the solid waste management
system.
(95) "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 fraction of
the earth's gravitational pull (g), will exceed 0.10g in 250 years.
(96) "7Q10 flow" means the average streamflow
rate over seven (7) consecutive days that may be expected to be reached as an
annual minimum no more frequently than one (1) year in ten (10).
(97) "Sewage Sludge" means the solid,
semi-solid or liquid residue generated during treatment of municipal wastewater
in a treatment works. Sewage sludge includes, but is not limited to, domestic
septage; scum or solids removed in primary, secondary, or advanced wastewater
treatment processes; and a material derived from sewage sludge. Sewage sludge
does not include ash generated during the firing of sewage sludge in a sewage
sludge incinerator or grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works.
(98) "Single family dwelling unit" means
either
(a) a conventional single family
detached dwelling or mobile home, or
(b) a unit within a multi-family residential
complex (townhouses, condominiums, or apartments).
(99) "Sludge" means any solid, semi-solid, or
liquid waste generated from a municipal, commercial, or industrial wastewater
treatment plant, water supply treatment plant, or air pollution control
facility exclusive of the treated effluent from a wastewater treatment
plant.
(100) "Solid waste" means
any garbage, or refuse, sludge from a wastewater treatment plant, water supply
treatment plant, or air pollution control facility and other discarded
material, including solid, liquid, semi-solid, or contained gaseous material
resulting from industrial, commercial, mining, and agricultural operations, and
from community activities, but does not include solid or dissolved materials in
domestic sewage, or solid or dissolved materials in irrigation return flows or
industrial discharges that are point sources subject to permit under
33 U.S.C.
1342, or source, special nuclear, or
by-product material as defined by the Atomic Energy Act of 1954, as amended (68
Stat. 923).
(101) "Solid waste
management facility" means any facility which manages nonhazardous solid waste,
including landfills, rubbish sites, land application sites, processing
facilities, composting facilities, transfer stations, and waste incinerators,
but excluding ordinary storage vessels such as trash cans, dumpsters,
etc.
(102) "Storage" means the
containment of wastes, either on a temporary basis or for a period of years, in
such a manner as not to constitute disposal of such wastes.
(103) "Stream or river" means a flowing body
of water with a 7Q10 flow greater than zero.
(104) "Structural components" means liners,
leachate collection systems, final covers, run-on/run-off systems, and any
other component used in the construction and operation of the MSWLF that is
necessary for protection of human health and the environment.
(105) "Thermophilic stage" means the
biological stage in the composting process characterized by active bacteria
which favor a high temperature range of 45° to 75°C (113° to
167°F). It occurs early in the composting process before the mesophilic
stage and is associated with a high rate of decomposition.
(106) "Transport" means the movement of
wastes from the point of generation to any intermediate points, and finally to
the point of ultimate storage or disposal.
(107) "Transfer station" means a fixed
facility used for the primary purpose of transferring solid waste from one
solid waste transportation vehicle to another. Dumpsters or other comparable
solid waste containers loaded and unloaded onto a transportation vehicle are
not included in this definition.
(108) "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.
(109) "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.
(110) "Vermicomposting" means a composting
process that utilizes worms in the biological decomposition of waste.
(111) "Washout" means the carrying away of
solid waste by waters of the base flood.
(112) "Waste management unit boundary" means
a vertical surface located at the hydraulically downgradient limit of the unit.
This vertical surface extends down into the uppermost aquifer.
(113) "Wetlands" means those areas that are
defined in
40
CFR 232.2. Wetlands include, but are not
limited to, swamps, marshes, bogs, and similar areas.
(114) "Yard Waste" means the leaves, grass
cuttings, weeds, garden waste, tree limbs, and other vegetative wastes
generated at residential, commercial, institutional, governmental, or
industrial properties.
D. Effective Date
The effective date of these regulations is October 1, 1993, except where Part 258 of Title 40 of the Code of Federal Regulations allows for a later date for MSWLF units and except where amendments to these regulations are effective at a later date. The effective date of the amendments adopted by the Commission on February 22, 1996, is April 3, 1996. The effective date of the amendments adopted by the Commission on April 28, 2005 is June 17, 2005.
E. Severability
If any provision, section, subsection, sentence, clause or phrase of any of these regulations, or the application of same to any person or set of circumstances is for any reason challenged or held to be invalid or void, the validity of the remaining regulations and/or portions thereof or their application to other persons or sets of circumstances shall not be affected thereby.
Miss. Code Ann. §§ 17-17-1, et seq., 17-17-201, et seq., 17-17-501, et seq., 49-2-9(1)(b), 49-17-17(i), 21-27-201, et seq., 49-2-1, et seq. and 49-17-1, et seq.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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