7 Del. Admin. Code § 1302-122-A-122.2
The following definitions apply to Parts 122 and 124. Terms not defined in this section have the meaning given by 7 Del.C., Chapter 63.
"Administrator" means the Administrator of the United States Environmental Protection Agency, or an authorized representative.
"Application" means the DNREC forms for applying for a permit, including any additions, revisions or modifications to the forms; including any approved modifications or revisions. Application also includes the information required by the Secretary under Section 122.14 - Section 122.29 (contents of the Part B application).
"Closure" means the act of securing a Hazardous Waste Management facility pursuant to the requirements of Part 264.
"Component" means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).
"Corrective action management unit or CAMU" means an area within a facility that is designated by the Secretary under Part 264, Subpart S for the purpose of implementing corrective action requirements under Section 264.101 and 7Del.C., Chapter 63. A CAMU shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.
"CWA" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217 and Pub. L. 95-576; 33 USC Section 1251, et seq.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
"Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on the land or water, and at which hazardous waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.
"DNREC" means the Delaware Department of Natural Resources and Environmental Control.
"Draft permit" means a document prepared under Section 124.6 indicating the Secretary's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in Section 124.5, are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination, as discussed in Section 124.5 is not a "draft permit." A proposed permit is not a draft permit.
"Elementary neutralization unit" means a device which:
"Environmental Protection Agency (EPA)" means the United States Environmental Protection Agency.
"EPA" means the United States Environmental Protection Agency.
"Existing hazardous waste management (HWM) facility" or existing facility means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if:
"Facility or activity" means any HWM facility or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under 7 Del.C.,Chapter 63.
"Facility mailing list" means the mailing list for a facility maintained by DNREC in accordance with Section 124.10 (c)(1)(iv).
"Functionally equivalent component" means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.
"Ground water" means water below the land surface in a zone of saturation.
"Hazardous waste" means a hazardous waste as defined in Section 261.3.
"Hazardous Waste Management facility (HWM facility)" means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combinations of them).
"Injection well" means a well into which fluids are being injected.
"In operation" means a facility which is treating, storing, or disposing of hazardous waste.
"Manifest" means the shipping document originated and signed by the generator which contains the information required by Subpart B of Part 262.
"National Pollutant Discharge Elimination System (NPDES)" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Section Section 307, 402, 318, and 405 of the CWA. The term includes an approved program.
"New HWM facility" means a Hazardous Waste Management facility which began operation or for which construction commenced after November 19, 1980.
"Off-site" means any site which is not on-site.
"On-site" means on the same or geographically contiguous property which may be divided by public or private right(s)-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right(s)-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access, is also considered on-site property.
"Owner or operator" means the owner or operator of any facility or activity subject to regulation under RCRA.
"Permit"means an authorization, license, or equivalent control document issued by DNREC to implement the requirements of this part and Part 124. Permit does not include interim status (Subpart G of this part), or any permit which has not yet been the subject of final DNREC action, such as a draft permit or a proposed permit.
"Permit-by-rule" means a provision of these regulations stating that a facility or activity is deemed to have a permit if it meets the requirements of Section 122.60.
"Person" means an individual, association, partnership, corporation, municipality, State or Federal agency, or an agent or employee thereof.
"Physical construction" means excavation, movement of earth, erection of forms or structures, or similar activity to prepare an HWM facility to accept hazardous waste.
"Publicly owned treatment works (POTW)" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a State or municipality. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
"RCRA" means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 ( Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 USC Section 6901, et seq.)
"Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.
"Remedial Action Plan (RAP)" means a special form of hazardous waste permit that a facility owner or operator may obtain instead of a permit issued under Section Section 122.3 through 122.66, to authorize the treatment, storage or disposal of hazardous remediation waste (as defined in Section 260.10 of these regulations) at a remediation waste management site.
"Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with 7 Del.C., Chapter 63 and regulations.
"SDWA" means the Safe Drinking Water Act ( Pub. L. 95-523, as amended by Pub. L. 95-1900; 42 USC Section 3001, et seq.).
"Secretary" means the Secretary of DNREC.
"Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
"Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed, or stored elsewhere.
"Transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.
"Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway or water.
"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 wastes, 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 transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
"UIC" means the Underground Injection Control Program under Part C of the Safe Drinking Water Act, including an approved program.
"Underground injection" means a well injection.
"Underground source of drinking water (USDW)" means an aquifer or its portion:
"USDW" means underground source of drinking water.
"Wastewater treatment unit" means a device which:
(Amended August 10, 1990, August 1, 1995, January 1, 1999, June 2, 2000)
7 Del. Admin. Code § 1302-122-A-122.2