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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter B. DEFINITIONS


Sec.


260a.10.    Definitions.

§ 260a.10. Definitions.

 A term defined in this section replaces the definition of the term in 40 CFR 260.10, or, in situations for which no term exists in 40 CFR 260.10, the term shall be defined in accordance with this section. The substitution of terms in §  260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporated definition of “EPA region,” “State,” “United States,” “Administrator” and “Regional Administrator.”

   Act—The Solid Waste Management Act (35 P. S. § §  6018.101—6018.1003).

   Disposal—The incineration, deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this Commonwealth.

   Existing tank system or existing component—The Federal definition for ‘‘existing tank system or existing component’’ in 40 CFR 260.10 is incorporated by reference except that the date referenced is January 16, 1993, instead of July 14, 1986.

   Facility—The land, structures and other appurtenances or improvements where municipal or residual waste disposal or processing is permitted or takes place, or where hazardous waste is treated, stored or disposed.

   Fund—The Host Municipalities Fund.

   Hazardous Sites Cleanup Act—The Hazardous Sites Cleanup Act (35 P. S. § §  6020.101—6020.1305).

   Hazardous Sites Cleanup Fund—The fund established by section 901 of the Hazardous Sites Cleanup Act (35 P. S. §  6020.901).

   Host municipality—A municipality, other than a county, where a qualifying facility is located, either in whole or in part, within its established corporate boundaries.

   Management or hazardous waste management—The entire process, or a part thereof, of storage, collection, transportation, processing, treatment and disposal of solid wastes by a person engaging in the process. The term ’’hazardous waste management’’ refers to management of hazardous waste.

   New hazardous waste management facility or new facility—The Federal definition for ‘‘new hazardous waste management facility or new facility’’ in 40 CFR 260.10 is incorporated by reference except that the date referenced is November 19, 1980, instead of October 21, 1976.

   New tank system or new tank component—The Federal definition for ‘‘new tank system or new tank component’’ in 40 CFR 260.10 is incorporated by reference except that the date referenced is January 16, 1993, instead of July 14, 1986.

   Pennsylvania hazardous waste facilities plan—A plan required by sections 104(14) and 105(f) of the act (35 P. S. § §  6018.104(14) and 6018.105(f)) and adopted by the EQB which identifies current and future hazardous waste treatment and disposal facilities necessary for the proper management of hazardous waste in this Commonwealth.

   Person—An individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, Federal government or agency, State institution and agency (including, but not limited to, the Department of General Services and the State Public School Buildings Authority), or other legal entity which is recognized by law as the subject of rights and duties. In any provision of the act prescribing a fine, imprisonment or penalty, or a combination of the foregoing, the term includes the officers and directors of a corporation or other legal entity having officers and directors.

   RCRA—The Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. § §  6901—6986).

   Registered professional engineer or professional engineer—An engineer registered to practice engineering in this Commonwealth.

   Registered professional geologist or professional geologist—A geologist registered to practice geology in this Commonwealth.

   Responsible official—For corporations, a corporate officer; for limited partnerships, a general partner; for all other partnerships, a partner; for a sole proprietorship, the proprietor; for a municipal, state or Federal authority or agency, an executive officer or ranking elected official responsible for compliance of the hazardous waste activities and facilities of the authority or agency with all applicable rules and regulations.

   Source reduction—The reduction or elimination of the quantity or toxicity of hazardous waste generated. Source reduction may be achieved through changes within the production process, including process modifications, feedstock substitutions, improvements in feedstock purity, shipping and packing modifications, housekeeping and management practices, increases in the efficiency of machinery and recycling within a process. The term does not include dewatering, compaction, reclamation, treatment, or the use or reuse of waste.

   State manifest document number—The state abbreviation, the letter and the unique number assigned to the manifest, usually preprinted on the form, for recording and reporting purposes.

   Storage—The containment of a waste on a temporary basis that does not constitute disposal of the waste. It will be presumed that the containment of waste in excess of 1 year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.

   Transportation—The offsite removal of solid waste at any time after generation.

   Treatment

     (i)   A method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of waste to neutralize the waste or to render the waste nonhazardous, safer for transport, suitable for recovery, suitable for storage, or reduced in volume.

     (ii)   The term includes an activity or processing designed to change the physical form or chemical composition of waste to render it neutral or nonhazardous.

Source

   The provisions of this §  260a.10 amended September 7, 2001, effective September 8, 2001, 31 Pa.B. 5075; amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102. Immediately preceding text appears at serial pages (282462) to (282464).

Cross References

   This section cited in 25 Pa. Code §  269a.1 (relating to definitions); 25 Pa. Code §  269a.101 (relating to definitions); and 25 Pa.Code §  298.1 (relating to definitions).



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