La. Admin. Code tit. 33 § VII-115

Current through Register Vol. 50, No. 5, May 20, 2024
Section VII-115 - Definitions
A. For all purposes of these rules and regulations, the terms defined in this Section shall have the following meanings, unless the context of use clearly indicates otherwise.

100-Year Flood-a flood that has a 1 percent or greater chance of occurring in any year, or a flood of a magnitude equaled or exceeded once in 100 years on average over a significantly long period.

Abandonment-to leave behind or desert solid waste at a location without adhering to the proper disposal or processing standards required by these regulations. Storage of solid waste in accordance with the storage standards provided by these regulations does not constitute abandonment.

Access Road-a passageway for vehicles leading from the entrance of a facility to each unit of the facility.

Act-the Louisiana Environmental Quality Act (R.S. 30:2001 et seq.).

Administrative Authority-the Secretary of the Department of Environmental Quality or his designee or the appropriate assistant secretary or his designee.

Agricultural Waste-nonhazardous waste resulting from the production and processing of agricultural products, including manures, prunings, and crop residues. Some examples of agricultural wastes are included in LAC 33:VII.3015 .Appendix H. This term does not include solid wastes defined as industrial solid waste in this Section.

Air Curtain Destructor-a device that forcefully projects a curtain of air across an open chamber or open pit in which combustion occurs. Destructors of that type can be constructed above or below ground and with or without refractory walls or floor. Air curtain destructors are also referred to as bit burners, trench burners, and air curtain incinerators.

Animal Feed-any crop, such as pasture crops, forage, and grain, grown for consumption by animals.

Applicant-any person who intends to be a standard permit-holder for a solid waste processing and/or disposal facility and who has submitted a permit application to the Department of Environmental Quality.

Aquifer-a continuous geologic formation, group of formations, or part of a formation that contains enough saturated permeable materials to yield significant quantities of water to wells or springs. For the purposes of these regulations, a significant quantity of water is enough water to yield a groundwater sample within 24 hours after purging a monitoring well.

Areas Susceptible to Mass Movement-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 facility, 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 fluctuation, block sliding, and rock fall.

Asbestos-Containing Waste- regulated asbestos-containing material (RACM), as defined in LAC 33:III.5151.B, and/or non-RACM (asbestos-containing material that is not RACM) that is discarded.

Assessment Well-see Monitoring Well.

Assets-all existing and all probable future economic benefits obtained or controlled by a particular entity.

Autoclave - steam sterilization at a temperature of at least 250°F and a pressure of at least 15 pounds per square inch for at least 30 minutes. Longer times are required depending on the amount of waste, the presence of water, and the type of container used. Alternate patterns of temperature, pressure, and time may be used if compatible with the sterilization equipment being used and demonstrably sufficient to kill disease-causing microorganisms.

Background Soil pH-the pH of unimpacted soil in the vicinity of the solid waste facility before the addition of substances that alter the hydrogen-ion concentration (see Soil pH).

Bailing-a method of obtaining samples of water from a groundwater monitoring well by lowering and raising a weighted bottle, capped length of pipe, or similar device.

Baler-a facility that mechanically compacts and binds, or wraps, a solid waste into bundles, called bales, for convenient handling, storage, and shipping.

Beneficial Use-the use of waste material for some profitable purpose (e.g., incorporating sludge into soil to amend the soil). Avoidance of processing or disposal cost alone does not constitute beneficial use.

Board of Certification and Training-a board for the certification and training of operators of systems or facilities for the disposal of commercial and residential solid waste (established by R.S. 37:3151 et seq.).

Clean Closure-the act of closing a solid waste unit or facility whereby all solid waste is removed, and the constituent of concern concentrations in soil and groundwater meet background conditions.

Closure-the act of securing a facility that has been used to process, store, or dispose of solid waste in a manner that minimizes harm to the public and the environment.

Closure Plan-a plan for closure and/or post-closure of a facility prepared in accordance with the requirements of LAC 33:VII.Subpart 1.

Closure Permit-written authorization issued by the administrative authority to a person for the closure of a facility used to process or dispose of solid waste in accordance with the Act, these regulations, and specified terms and conditions.

Coastal Zone-the coastal waters and adjacent shorelands within the boundaries of the coastal zone established by the State and Local Coastal Resources Management Act of 1978 (R.S. 49:213.1-213.12).

Collect-to accumulate industrial solid waste or solid waste generated by more than one household or commercial establishment, or by a storage or processing facility.

Collection Facility-a facility, at which one or more containers are located, that is used to accumulate solid waste generated by and delivered by more than one household or commercial establishment for pickup by a transporter, including, but not limited to, facilities typically located in rural areas where garbage collection does not occur. This definition does not include containers that receive only solid waste generated on property that is contiguous with the property on which the container is located (e.g., containers located at and receiving solid waste only from a multiunit dwelling or a commercial establishment or an industrial establishment).

Commercial Establishment-a business, including its structures and property, that is involved in the exchange or distribution of goods or commodities, or that rents, leases, or sells space for such activities.

Commercial Solid Waste-all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial solid wastes.

Compactor-a solid waste facility, other than collection and transportation vehicles, that reduces a solid waste volume by mechanical compaction to achieve a higher density.

Compost-a solid waste that has undergone biological decomposition of organic matter and has been stabilized using composting or similar technologies, to a degree that is beneficial to plant growth, and that is used, or sold for use, as a soil amendment, artificial topsoil, growing-medium amendment, or other similar uses.

Composting-a controlled process of degrading organic matter with microorganisms.

Composting Facility-a facility where organic matter is processed by natural or mechanical means to aid the microbial decomposition of the organic matter.

Construct-to build, erect, excavate, or form any portion of a solid waste facility.

Construction/Demolition (C&D) Debris-nonhazardous waste generally considered not water-soluble that is produced in the process of construction, remodeling, repair, renovation, or demolition of structures, including buildings of all types (both residential and nonresidential). Solid waste that is not C&Ddebris (even if resulting from the construction, remodeling, repair, renovation, or demolition of structures) includes, but is not limited to, regulated asbestos-containingmaterial (RACM) as defined in LAC 33:III.5151.B, white goods, creosote-treated lumber, and any other item not an integral part of the structure.

Contamination (Environmental)-the degradation of naturally occurring water, air, or soil quality either directly or indirectly as a result of human activities.

Contamination (Solid Waste)-the admixture of any solid waste with any amount of hazardous waste, or any other type of waste not meeting the definition of solid waste.

Contour Lines-lines connecting points of equal elevation used on topographic or other maps.

Cover Material-soil, or other suitable material approved by the administrative authority, applied on the top and side slopes of disposed solid waste to control vectors, gases, erosion, fires, and infiltration of precipitation; to support vegetation; to provide trafficability; or to ensure an aesthetic appearance.

Crops for Human Consumption-crops grown for human consumption that are not processed to minimize pathogens before they are distributed to consumers.

Curing Area-an area where organic material that has undergone the rapid initial stage of composting is further stabilized into a humus-like material.

Current Assets-cash, other assets, or resources commonly identified as those which are reasonably expected to be realized in cash, sold, or consumed during the normal operating cycle of the business.

Current Liabilities-obligations whose liquidation is reasonably expected to require the use of existing resources, properly classifiable as current assets, or the creation of other current liabilities.

Daily Cover-cover material applied at the end of the operating day to a unit, the working face of a unit, or a facility.

Department-the Department of Environmental Quality as created by R.S. 30:2001 et seq.

Disease Vector-animals such as rodents, and fleas, flies, mosquitoes, and other arthropods, that are capable of transmitting diseases to humans.

Displacement-the relative movement of any two sides of a fault measured in any direction.

Disposal-the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste on or into any land or water so that such solid waste, or any constituent thereof, may have the potential for entering the environment or being emitted into the air or discharged into any waters of Louisiana. Abandonment of solid waste, whether or not it comes into contact with land or water, is also considered disposal.

Ditch-an earthen trench or excavation principally used to convey wastewaters without regard to whether solids settling or treatment of wastewater occurs therein.

Emergency Exemption-a special authorization issued to a person by the administrative authority that allows freedom from obligation to these regulations or any portion thereof for a specified period of time, owing to emergencies such as strikes or acts of God.

Emergency Response Plan-an organized, planned, coordinated course of action to be followed in the event of a fire, explosion, natural disaster, or discharge or release of waste into the environment that could endanger human health or the environment.

EPA-the U.S. Environmental Protection Agency.

Estimated Life of Facility-the length of time a solid waste facility is projected to be capable of accepting wastes, based on its current permit or permit application.

Exemption-a special authorization issued to a person by the administrative authority that allows freedom from obligation to these regulations or a portion thereof.

Existing Facility-any facility, as defined in this Subsection, that receives solid waste or that exists or is being constructed on February 20, 1993, that does or will store, process, or dispose of solid wastes. (Facilities closed prior to January 20, 1981, or facilities that have completed the closure/post-closure requirements prior to February 20, 1993, are not considered existing facilities.)

Existing Operation-any solid waste operation that manages, collects, stores, processes, or receives solid waste that exists or that is being constructed on February 20, 1993. (Operations closed prior to January 20, 1981, or operations that have completed the closure and/or post-closure requirements prior to February 20, 1993, are not considered existing operations.)

Exploration and Production Waste (E&P Waste)-drilling wastes, salt water, and other wastes that are associated with the exploration, development, or production of crude oil or natural gas wells and that are not regulated by the provisions of, and are therefore excluded from, the Louisiana Hazardous Waste Regulations and the Federal Resource Conservation and Recovery Act Subtitle C, as amended.

Facility-actual land and associated appurtenances used for storage, processing, and/or disposal of solid wastes, but possibly consisting of one or more units. (Any earthen ditches leading to or from a unit of a facility and that receive solid waste are considered part of the facility to which they connect, except for ditches lined with materials capable of preventing groundwater contamination. The term facility does not necessarily mean an entire industrial manufacturing plant.)

Fault-a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to those on the other side.

Final Cover-cover material that is applied to minimize the infiltration of precipitation in a facility and revegetated to control erosion.

Final Grade-the maximum elevation allowed by the permit at any given time.

Flood Plain-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.

Food-Chain Crops-crops grown for human consumption; tobacco; and crops grown to feed animals that are consumed by humans.

Freeboard-the vertical distance between the lowest point of the top of a facility levee and the surface of the liquid waste contained therein.

Freshwater Aquifer-an aquifer containing water with quantities of total dissolved solids of less than 10,000 mg/L that is capable of yielding usable quantities of groundwater to drinking-water wells, industrial pumps, springs, or streams.

Garbage-solid waste that includes animal and vegetable matter from the handling, preparation, cooking, and serving of foods (including grease trap waste), but that does not include industrial solid waste.

General Permit-written authorization issued by the administrative authority to allow for a specific activity or type of operation, not based on a specific site, to process or dispose of solid waste in accordance with the Act, these regulations, and specified terms and conditions.

Generator-any person whose act or process produces solid waste as defined in these regulations.

Geotechnical Borehole-an exploratory borehole drilled, augered, bored, or cored to obtain soil samples to be analyzed for chemical and/or physical properties.

Groundwater-water located beneath the ground surface or below a surface water body in a saturated zone or stratum.

Hazardous Waste-waste identified as hazardous in the current Louisiana hazardous waste regulations (LAC 33:V.Subpart 1) and/or by the federal government under the Resource Conservation and Recovery Act and subsequent amendments.

Hazardous Waste Determination-the process performed in accordance with LAC 33:V.1103.

Holocene-the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch, i.e., 10,000 years ago, to the present.

Implement-to carry out, accomplish, and ensure actual fulfillment by specific means or by providing instruments or means of accomplishment.

Implementation Schedule-a timetable for completing a predetermined implementation plan.

Impoundment-see Surface Impoundment.

Inactive (or Abandoned) Facility-a solid waste storage, processing, or disposal facility that no longer receives solid waste and has not been closed in accordance with Louisiana Solid Waste Regulations.

Incinerator-any enclosed device using controlled-flame combustion that neither meets the criteria for classification as a boiler nor is listed as an industrial furnace, and is not a boiler or an industrial furnace as defined in LAC 33:V.109.

Incinerator Ash-residual solid waste that has been received, thermally oxidized, and/or decomposed by an incinerator.

Incinerator Waste-Handling Facility-a facility that processes solid waste by thermally oxidizing and/or decomposing the solid waste in an incinerator.

Incorporation into Soil-the injection of solid waste beneath the surface of soil, or the mixing of solid waste with the surface soil.

Industrial Establishment-a business, including its structures and property, that is involved in the production or manufacture of goods or commodities.

Industrial Solid Waste-solid waste generated by a manufacturing, industrial, or mining process, or that is contaminated by solid waste generated by such a process. 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; byproducts; 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; and transportation equipment. This term does not include hazardous waste regulated under the Louisiana hazardous waste regulations or under federal law, or waste that is subject to regulation under the Office of Conservation's Statewide Order No. 29-B or by other agencies.

Industrial Solid Waste Facility-a facility for the processing, storage, and/or disposal of industrial solid waste.

Infectious Waste-waste that contains pathogens of sufficient virulence and quantity that exposure to it could result in an infectious disease in a susceptible host.

Initial Promulgation-the date on which the Louisiana Solid Waste Management Program first became effective, January 20, 1981.

Interim Compacted Cover-a minimum of 2 feet of compacted silty or sandy clay.

Interim Cover-a minimum of 1 foot of soil that is applied to a portion of a unit or a facility.

Isopach-a line drawn on a map through points of equal true thickness of a designated stratigraphic unit or group of stratigraphic units.

Isopach Map-a map that shows the thickness of a bed, formation, sill, or other tabular body throughout a geographic area by means of isopachs at regular intervals.

Karst Terrains-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.

Landfarm-a facility for the disposal of solid wastes in which wastes are applied to the land and/or incorporated into the soil for biological reduction and soil attenuation.

Landfill-a facility for the disposal of solid waste, other than landfarm(s) or surface impoundment(s), that disposes of solid waste by placing it on or into the land surface and usually also compacting and covering with suitable cover material to a depth and at a frequency sufficient to control disease vectors and odors and in a manner that protects human health and the environment.

Leachate-a liquid that has passed through or emerged from solid waste and may contain soluble, suspended, or miscible materials removed from such wastes.

Leak-Detection Well-a well used to determine the escape of liquids from a permitted solid waste facility.

Liabilities-probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.

Liner-layer or layers of material(s) beneath and on the sides of a solid waste disposal facility that are designed to restrict the escape of wastes or their constituents from the facility.

Liquid Waste- any waste material that is determined to contain free liquids as defined by Method 9095B (Paint Filter Liquids Test), as described in Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods (EPA Pub. SW-846), which is incorporated by reference. A suffix of "B" in the method number indicates revision two (the method has been revised twice). Method 9095B is dated November 2004.

Lithified Earth Material-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.

Litter-exposed solid waste outside the active portion of a unit of a facility.

Lower-Explosive Limit-the lowest percent by volume of a mixture of explosive gases in the air that will propagate a flame at 25 degrees Centigrade and at atmospheric pressure.

Major Modification-any change in a site, facility, process or disposal method, or operation that substantially deviates from the permit or tends to substantially increase the impact of the site, facility, process or disposal method, or operation on the environment.

Mandatory Modification-any change in a site, facility, unit, process or disposal method, or operation that is required as a result of the solid waste regulations as promulgated on February 20, 1993.

Manure-a solid waste composed of excreta of animals and any residual materials that have been used for bedding, sanitary, or feeding purposes for such animals.

Maximum Horizontal Acceleration in Lithified Earth Material-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.

Mesophilic Stage-a biological stage in the composting process characterized by active bacteria which favor a moderate temperature range of 20 to 45 degrees Centigrade. It occurs later in the composting process than the thermophilic stage and is associated with a moderate rate of decomposition.

Minor Modification-any modification that does not meet the criteria for a major modification.

Modification-any change in a site, facility, unit, process or disposal method, or operation that deviates from the specifications in the permit. Routine or emergency maintenance that does not cause the facility to deviate from the specifications of the permit is not considered a modification. A change in the name of the facility does not constitute a modification.

Monitoring Well-any permanent cased hole that is drilled, augered, bored, cored, driven, washed, dug, jetted, or otherwise constructed to obtain hydrologic and water quality data, which is usually installed at or near a known or potential source of groundwater contamination to satisfy regulatory requirements for groundwater monitoring at regulated units.

Municipal Solid Waste Landfill or MSW Landfill-an entire disposal facility in a contiguous geographical space where residential solid waste and/or commercial solid waste is placed in or on land.

Net Worth-total assets minus total liabilities and equivalent to the person's equity.

NGVD-National Geodetic Vertical Datum.

Non-Processing Transfer Station-a solid waste facility where solid waste is transferred directly or indirectly from collection vehicles to other vehicles for transportation without processing, except compaction used for the reduction of volume in waste (see Process).

Off-Site Location-land, and appurtenances thereon, used for processing and/or disposal of solid waste and not located on, or contiguous to, the property where the waste is generated. Two or more pieces of property that are geographically contiguous but divided by public or private rights-of-way are considered a single site.

Off-Site Processing/Disposal Area-a location for the processing and/or disposal of solid waste that is not on the generator's site.

On-Site Processing/Disposal Area-the land area and appurtenances thereon used for processing and/or disposal of solid waste on the same property or on geographically contiguous property, where waste is generated. Two or more pieces of property that are geographically contiguous but divided by public or private rights-of-way are considered a single site.

Open Burning-the combustion of solid waste without control of combustion air to maintain adequate temperature for efficient combustion, containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and control of the emission of the combustion products.

Open Dump-a solid waste processing or disposal facility that has been issued a temporary permit and may not comply with the standards set by these regulations.

Operating Area-the portion of a facility that is actively involved in the storage, processing, or disposal of solid waste.

Operator-a person who is responsible for the overall operation of a facility or part of a facility.

Order Authorizing Commencement of Operations-a written authorization issued by the administrative authority after a permit-holder has completed all upgrading measures or completed construction measures, provided the required certification and a successful initial start-up inspection has been conducted by a representative of the department.

Owner-a person who owns a facility or part of a facility.

Parent Corporation-a corporation that directly owns at least 50 percent of the voting stock of the corporation that is the facility permit holder; the latter corporation is deemed a "subsidiary" of the parent corporation.

Permit-a written authorization issued by the administrative authority to a person for the construction, installation, modification, operation, closure, or post-closure of a certain facility used or intended to be used to process or dispose of solid waste in accordance with the Act, these regulations, and specified terms and conditions.

Permittee/Permit Holder-a person who is issued a permit and is responsible for meeting all conditions of the permit and these regulations at a facility.

Person-an individual, trust, firm, joint-stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of the state, interstate body, or the federal government or any agency of the federal government.

pH-the logarithm of the reciprocal of hydrogen-ion concentration.

Piezometer-a nonpumping well used to measure the elevation of the water table or potentiometric surface.

Pilot Hole-a hole drilled with the intent to install casing and to produce water. It is usually of a smaller diameter than the proposed well and has to be reamed to a larger diameter for the installation of a casing and screen.

Poor Foundation Conditions-those areas where features exist that indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of a facility.

Potable Water-water with bacteriological, physical, and chemical properties that make it suitable for human consumption.

Potentiometric Map-a map displaying contour lines of the potentiometric surface of a particular aquifer that may be used to determine groundwater gradient or direction of flow.

Potentiometric Surface-a surface that represents the level to which groundwater in a particular aquifer or permeable zone will rise in tightly cased wells, expressed with reference to a specified datum, such as the National Geodetic Vertical Datum (NGVD) (see also Water Table).

Practices-acts of storing, processing, collecting, transporting, or disposing of solid wastes.

Principal Executive Officer-the chief executive officer of a state or federal agency, or a senior executive officer having responsibility for the overall operations of a principal geographic or functional unit of a state or federal agency [ex: regional administrators of EPA].

Process-a method or technique, including recycling, recovering, compacting (but not including compacting that occurs solely within a transportation vehicle or at a non-processing transfer station), composting, incinerating, shredding, baling, recovering resources, pyrolyzing, or any other method or technique that is designed to change the physical, chemical, or biological character or composition of a solid waste to render it safer for transport, reduced in volume, or amenable for recovery, storage, reshipment, or resale. The definition of process does not include treatment of wastewaters to meet state or federal wastewater discharge permit limits. Neither does the definition include activities of an industrial generator to simply separate wastes from the manufacturing process, nor does it include separating recyclable material from commercial waste streams at a non-processing transfer station.

Promiscuous Dump-a solid waste disposal facility that has resulted from disposal activities of persons other than the landowner and whose operation is not permitted by the administrative authority.

Putrescible-susceptible to rapid decomposition by bacteria, fungi, or oxidation, creating noxious odors.

Reclassified Waste-a particular solid waste that the administrative authority has determined is no longer classified as a hazardous waste subject to regulation under the Louisiana hazardous waste regulations. Such wastes are "reclassified" as solid waste and are subject to regulation under these regulations.

Recovery Well-a well used to remove groundwater that has been determined to be contaminated.

Refuse-Derived Fuel-fuel processed from combustible solid waste.

Refuse-Derived Fuel Facility-a solid waste facility where fuel is processed from combustible solid waste.

Regulated Asbestos-Containing Material (RACM)-see definition in LAC 33:III.5151.B.

Regulatory Permit-written authorization promulgated into the solid waste regulations for the construction, installation, modification, operation, closure, or post-closure of a facility used or intended to be used to process or dispose of solid waste in accordance with the Act, these regulations, and specified terms and conditions.

Residence-a single or multiunit dwelling, whether owned, leased, or rented by its occupant(s).

Residential Solid Waste-any solid waste (including garbage, trash, yard trash, and sludges from residential septic tanks and wastewater treatment facilities) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

Resource Recovery-the process by which solid waste that retains useful physical or chemical properties is reused or recycled for the same or other purposes, including uses as energy sources.

Responsible Corporate Officer-one of the following persons employed by the corporation: president; treasurer; secretary; vice-president in charge of a principal business function; or any other person who performs similar policy or decision-making functions of the corporation; or the manager of one or more manufacturing, production, or operating facilities, provided that the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations and initiating and directing other comprehensive measures to ensure long term environmental compliance with environmental laws and regulations, and can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit applications, and the manager has the authority to sign documents assigned or delegated in accordance with corporate procedures. The administrative authority will assume that these corporate officers have the requisite authority to sign permit applications and certifications unless the corporation has notified the administrative authority to the contrary.

Responsible Official-the person who has the authority to sign applications for permits and certifications of compliance. For corporations, this person shall be a responsible corporate officer. For a partnership or sole proprietorship, this person shall be a partner or the proprietor, respectively. For a municipality, state agency, federal agency, or other public agency, this person shall be a ranking elected official or a principal executive officer of a state or federal agency.

Risk-Based Closure-the act of closing a surface impoundment whereby solid waste is removed and managed as approved by the department, and the concentrations of the constituents of concern in soil and groundwater comply with LAC 33:I.Chapter 13 (RECAP).

Runoff-any rainwater, leachate, or other liquid that drains from any part of a facility.

Run-On-any rainwater or other liquid that drains onto any part of a facility.

Salvaging-the controlled removal of waste materials for later use.

Saturated Permeable Zone-the subsurface zone in which all interconnected openings are full of liquid.

Scavenging-unauthorized removal of solid waste materials from a disposal or processing facility.

Seismic-Impact Zone-an area with a 10 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 0.10 g in 250 years.

Separation Facility-a Type III solid waste processing facility at which recyclables are separated from a nonputrescible solid waste stream for future use. The nonputrescible waste stream received by the separation facility shall not contain more than a de minimis amount of putrescible waste.

Septage-the contents of a septic tank, cesspool, or other individual sewage-treatment facility that receives domestic-sewage wastes.

Service Area-the geographic area serviced by a solid waste facility in which solid waste is generated, collected, and transported for delivery to that solid waste facility.

Sewage Sludge-sludge resulting from treatment of wastewater from publicly or privately owned or operated sewage-treatment plants.

Shredder-a solid waste facility that reduces the particle size of solid waste by grinding, milling, shredding, or rasping.

Silty Clay-soils that meet the group designations of CL or CH in the Unified Soil Classification System as contained in the American Society for Testing and Materials (ASTM) standard D2487-06e1.

Site-the physical location, including land area and appurtenances, of an existing or proposed storage, processing, or disposal facility. A site may consist of a number of facilities, each subject to a permit to process or dispose of solid waste.

Sludge-residue produced by or precipitated from a treatment process.

Soil pH-a pH value obtained by sampling the soil to the depth of cultivation or solid waste placement. Test methodologies shall be in accordance with Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods (EPA Pub. SW-846).

Solid Waste-any garbage, refuse, or sludge from a waste treatment plant, water-supply treatment plant, or air pollution-control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, agricultural operations, and from community activities, and construction/demolition debris. Solid waste does not include solid or dissolved material in domestic sewage; solid or dissolved materials in irrigation-return flows or industrial discharges that are point sources subject to permits under R.S. 30:2074; source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (68 Stat. 923 et seq.), as amended ( 42 U.S.C. Section 2011 et seq.); or hazardous waste subject to permits under R.S. 30:2171 et seq.

Solid Waste Management System-the entire process of collection, transportation, storage, processing, and disposal of solid waste by any person engaged in such process as a business or by any municipality, authority, trust, parish, or any combination thereof.

Spill-any unauthorized discharge or release of solid waste into or onto the land, air, or water.

Stabilized (Compost)-compost that has at least passed through the thermophilic stage and in which biological decomposition of the solid waste has occurred to a sufficient degree to allow beneficial use.

Standard Permit-written authorization issued by the administrative authority to an applicant who has successfully completed the permit application process for a processing or disposal facility.

Storage-the containment of solid waste on surfaces capable of preventing groundwater contamination in a means not constituting processing or disposal.

Structure Contour Map-a map displaying contour lines on a structural surface such as a stratum, formation boundary, or fault, in order to depict the subsurface configuration.

Surface Application-placement of solid waste onto a landfarm without incorporating it into the soil.

Surface Impoundment-a facility consisting of a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), designed to hold an accumulation of liquid waste and/or sludge, that is not an injection well, landfarm, landfill, or tank. Runoff and containment areas (ROCAs) of landfarms are considered to be surface impoundments.

Surface-Recharge Zone-an area where a formation or formations that compose an aquifer intersect the land surface and receive water from percolation, precipitation, or surface-water bodies.

Tangible Net Worth-the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents and royalties.

Tank-a stationary device designed to contain an accumulation of solid waste and constructed of nonearthen materials that provide structural support. The term tank does not include underground storage tanks as defined by the underground storage tank rules and regulations (LAC 33:Part XI).

Temporary Permit-a written authorization issued by the administrative authority for a specific amount of time to a person for the construction, installation, operation, closure, or post-closure of a particular facility, or operation of an existing facility, used or intended to be used for processing or disposing of solid waste in accordance with the Act, these regulations, and specified terms and conditions.

Test Hole-an exploratory borehole drilled to obtain geologic, hydrologic, or water quality data.

Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods (SW-846)-EPA's official compendium of analytical and sampling methods that has been evaluated and approved for use in complying with these regulations. EPA Publication SW-846 [Third Edition (November 1986), as amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995), III (December 1996), and IIIA (April 1998)]. The Third Edition of SW-846 and Updates I, II, IIA, IIB, and III (Document Number 955-001-00000-1) are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800. Update IIIA is available through EPA's Methods Information Communication Exchange (MICE) Service. MICE can be contacted by phone at (703) 821-4690. Update IIIA can also be obtained by contacting the U.S. Environmental Protection Agency, Office of Solid Waste (5307W), OSW Methods Team, 1200 Pennsylvania Ave, NW, Washington, DC, 20460. Copies of the Third Edition and its updates are also available from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650. Copies may be inspected at the Library, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave, NW, Washington, DC 20460, or at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC.

Thermophilic Stage-a biological stage in the composting process characterized by active bacteria that favor a high temperature range of 45°C to 75°C. It occurs early in the composting process, before the mesophilic stage, and is associated with a high rate of decomposition.

Topographic Map-a map showing the elevation and relief of the land surface using contour lines or spot elevations.

Topsoil-the surface layer of soil, capable of promoting growth of vegetation.

Toxicity Characteristic Leaching Procedure (TCLP)-a method to determine if a waste exhibits hazardous characteristics, conducted in accordance with LAC 33:Part V.

Transfer Station (Non-Processing)-see Non-Processing Transfer Station.

Transfer Station (Processing)-a Type I-A or II-A solid waste processing facility where solid waste is transferred from collection vehicles, processed, and placed in other vehicles for transportation (e.g., a facility that separates recyclables from industrial or putrescible waste streams).

Transport- to move solid waste off-site to a non-processing transfer station or a collection, processing, or disposal facility.

Transporter- any person who moves solid waste off-site to a non-processing transfer station or a collection, processing, or disposal facility, excluding individuals who transport their own residential waste to a collection facility, non-processing transfer station, or permitted processing facility and/or solid waste landfill.

Trash-nonputrescible refuse including, but not limited to, white goods, furniture, and wood and metal goods.

Treatment Zone-the depth in the soil of a landfarm into which solid waste has been incorporated and additional depths to which decomposition is occurring based on site-specific conditions.

TSCA-the Toxic Substances Control Act ( 15 U.S.C. § 2601 et seq. (1976), a federal act that supplements other federal statutes including the Clean Air Act.

Type (of Waste)-a category of waste in a general classification defined for solid waste management purposes (e.g., commercial, industrial, residential).

Type I Facility-a facility used for disposing of industrial solid wastes (e.g., a landfill, surface impoundment, or landfarm). (If the facility is used for disposing of residential or commercial solid waste, it is also a Type II facility.)

Type I-A Facility-a facility used for processing industrial solid waste (e.g., a transfer station (processing), shredder, baler, etc.). (If the facility is used for processing residential or commercial solid waste, it is also a Type II-A facility.)

Type II Facility-a facility used for disposing of residential and/or commercial solid waste (e.g., a landfill, surface impoundment, or landfarm). (If the facility is used for disposing of industrial solid waste, it is also a Type I facility.)

Type II-A Facility-a facility used for processing residential, infectious, or commercial solid waste (e.g., a transfer station (processing), composting municipal solid waste facility, refuse-derived fuel facility, shredder, baler, autoclave, etc.). (If the facility is used for processing industrial solid waste, it is also a Type I-A facility.)

Type III Facility-a facility used for disposing or processing of construction/demolition debris or woodwaste, composting organic waste to produce a usable material, or separating recyclable wastes (e.g., a construction/ demolition-debris or woodwaste landfill, separation facility, or composting facility).

Unauthorized Discharge-a continuous, intermittent, or one-time discharge, whether intentional, anticipated, or unanticipated, from any source, permitted or unpermitted, that is in contravention of any provision of the Act or of any permit or license terms and conditions, or of any applicable regulation, compliance schedule, variance, or exemption of the administrative authority.

Unauthorized Dump-a solid waste disposal facility whose operation is not authorized by the administrative authority.

Unit of a Facility-designated area of a facility wherein solid waste is, has been, or will be processed, stored, or disposed of.

Unstable Area-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 movement, and karst terrains.

Upgrade-to bring an existing facility into compliance with applicable regulations.

Uppermost Aquifer-the aquifer nearest the natural ground surface, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary. The uppermost aquifer may or may not be the uppermost water-bearing permeable zone.

Uppermost Water-Bearing Permeable Zone-the permeable zone that occurs nearest the natural ground surface. This zone may or may not be the uppermost aquifer and may act as a potential contaminant pathway.

Vector-see Disease Vector.

Water Table-the potentiometric surface of the saturated zone in an unconfined aquifer or confining bed at which the pore pressure is equal to the atmospheric pressure.

Wetlands-those areas that are inundated or saturated by surface water 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 generally include swamps, marshes, bogs, and similar areas.

White Goods-discarded domestic and commercial appliances, such as refrigerators, ranges, washers, and water heaters.

Woodwaste-yard trash and types of waste generated by land and right-of-way clearing operations, sawmills, plywood mills, and woodyards associated with the lumber and paper industry, such as wood residue, cutoffs, wood chips, sawdust, wood shavings, bark, wood refuse, wood-fired boiler ash, wood ash, and plywood or other bonded materials that contain only polyurethane, phenolic-based glues, or other glues that are approved specifically by the administrative authority. Uncontaminated, un-treated or un-painted lumber or wooden pallets are considered woodwaste under this definition.

Working Face-that portion of a landfill where waste is currently being added during the operating day.

Yard Trash-vegetative matter resulting from landscaping, maintenance, or land-clearing operations, including trees and shrubbery, leaves and limbs, stumps, grass clippings, and flowers.

Zone of Incorporation-the depth to which solid waste has been incorporated into the soil of a landfarm.

La. Admin. Code tit. 33, § VII-115

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended LR 22:279 (April 1996), amended by the Office of Waste Services, Solid Waste Division, LR 23:1145 (September 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2514, 2609 (November 2000), amended by the Office of Environmental Assessment, LR 31:1576 (July 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 33:1019 (June 2007), LR 34:1023 (June 2008), LR 34:1399 (July 2008), LR 37:1563 (June 2011), LR 37:3233 (November 2011), LR 38:46 (January 2012), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 45234 (2/1/2019).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. and in particular R.S. 30:2154.