27 CA ADC § 20164


      27 CCR s 20164

      Cal. Admin. Code tit. 27, s 20164


      CALIFORNIA CODE OF REGULATIONS
      TITLE 27. ENVIRONMENTAL PROTECTION
      DIVISION 2. SOLID WASTE
      SUBDIVISION 1. CONSOLIDATED REGULATIONS FOR TREATMENT, STORAGE, PROCESSING
      OR DISPOSAL OF SOLID WASTE
      CHAPTER 2. DEFINITIONS
      ARTICLE 2. SPECIFIC DEFINITIONS
      This database is current through 04/21/06, Register 2006, No. 16. 

      s 20164. Combined CIWMB & SWRCB Technical Definitions. [CIWMB 
      T14:s17225.1- 17225.74, s17258.2, 17761,18200.1, 18251, 18011, 18231, 
      18281 // SWRCB C15: s2601]

      [Note: This section contains the SWRCB's and the CIWMB's technical 
      definitions, combined and listed in alphabetical order. Each agency is 
      responsible for adopting its own definitions within this combined listing. 
      Unless otherwise stated in a given regulation, it is the intent of the 
      SWRCB and CIWMB that each agency's definitions function for the other 
      agency (e.g., when the CIWMB uses a term adopted by the SWRCB, or vice 
      versa, the term has the same meaning as defined by the agency that adopted 
      the term).]

      "Abandoned site" (CIWMB) means a site where there is no responsible party.

      "Abandoned Vehicles" (CIWMB) includes vehicles, with or without motor 
      power, including cars, trucks, trailers, mobile homes, buses, etc., left 
      on public or private property for an extended period of time and usually 
      in an inoperable or hazardous condition.

      "Acceptance for filing" (CIWMB) means the enforcement agency has 
      determined that the application package is complete and correct and the 
      specified permit action time frames contained in Chapter 4 of this 
      subdivision commence.

      "Active" (CIWMB) for CIWMB promulgated sections means the period when 
      waste is being accepted for disposal at a disposal site.

      "Active Face" (CIWMB) means the working surface of a landfill upon which 
      solid wastes are deposited during the landfill operation, prior to the 
      placement of cover material.

      "Active life" or "operating life" (SWRCB) means the period during which 
      wastes are being discharged to a waste management unit. The active life 
      continues until final closure of the waste management unit has been 
      initiated pursuant to this subdivision. For surface impoundments, the 
      active life includes any time when the impoundment contains liquid, 
      including waste and leachate.

      "Affected medium" (SWRCB) means any natural medium that consists of or 
      contains waters of the state (e.g., ground water, surface water, or the 
      unsaturated zone) that has been affected by a release from a waste 
      management unit.

      "Agricultural Solid Wastes" (CIWMB) include wastes resulting from the 
      production and processing of farm or agricultural products, including 
      manures, prunings and crop residues wherever produced.

      "Airport" (CIWMB) means public-use airport open to the public without 
      prior permission and without restrictions within the physical capacities 
      of available facilities.

      "Alternative Daily Cover" (CIWMB) see "cover material".

      "Annular Seal" (CIWMB) the seal placed in the space between the casing in 
      a well and the wall of the hole, or between two concentric strings of 
      casing, or between casing and tubing.

      "Approval Agency" (CIWMB) includes any agency with regulatory powers 
      regarding solid waste generation, collection, transportation, processing 
      or disposal and includes, but is not limited to the CIWMB, the Department 
      of Toxic Substances Control, California Regional Water Quality Control 
      Boards, local air districts, local enforcement agencies, local health 
      entities and local land use authorities.

      "Approved closure plan" (SWRCB) means the portion of a waste management 
      unit's (Unit's) final closure and post-closure maintenance plan that 
      describes all actions necessary to prepare the Unit for post-closure 
      maintenance, and that has been approved by the RWQCB and by any other 
      state and local agencies having purview over that plan.

      "Aquifer" (SWRCB) means a geologic formation, group of formations, or part 
      of a formation capable of yielding a significant amount of ground water to 
      wells or springs.

      "Attitude" (SWRCB) means either the orientation in space of a geologic 
      structural feature or the structural element position of a geologic bed, 
      stratum, fracture, or surface relative to the horizontal.

      "Background" (SWRCB) means the concentrations or measures of constituents 
      or indicator parameters in water or soil that has not been affected by 
      waste constituents or leachate from the waste management unit being 
      monitored.

      "Background Monitoring Point" (SWRCB) (as capitalized) means a well, 
      device, or location specified in the waste discharge requirements at which 
      monitoring for background water quality or background soil quality is 
      conducted.

      "Background plot" (SWRCB) means an area adjacent to a land treatment unit 
      that can reasonably be expected to have the same, or similar soil 
      conditions as were present at the land treatment unit prior to discharges 
      of waste.

      "Baling" (CIWMB) includes the process of compressing and binding solid 
      wastes.

      "Bench" (CIWMB) means a terrace or comparatively level platform breaking 
      the continuity of a slope.

      "Best management practice(s)" (SWRCB) means a practice, or combination of 
      practices, that is the most effective and feasible means of controlling 
      pollution generated by nonpoint sources for the attainment of water 
      quality objectives.

      "Bird hazard" (CIWMB) means an increase in the likelihood of bird/aircraft 
      collisions that may cause damage to the aircraft or injury to its 
      occupants.

      "Bulky Waste" (CIWMB) includes large items of solid waste such as 
      appliances, furniture, large auto parts, trees, branches, stumps and other 
      oversize wastes whose large size precludes or complicates their handling 
      by normal collection, processing or disposal methods.

      "CAI Units" (SWRCB) means waste management units that were closed, 
      abandoned, or inactive prior to November 27, 1984.

      "Capillary force(s)" (SWRCB) means the adhesive force between liquids and 
      solids which, in the case of ground water hydrology, causes soil-pore 
      liquid to move in response to differences in matric potential. This effect 
      causes ground water to rise from a saturated zone into the unsaturated 
      zone, thereby creating a capillary fringe.

      "Cell" (CIWMB) means that portion of compacted solid wastes in a landfill 
      that is enclosed by natural soil or cover material during a designated 
      period.

      "Certified Engineering Geologists" (CIWMB) means a registered geologist, 
      certified by the State of California, pursuant to section 7842 of the 
      Business and Professions Code.

      "CIWMB" (CIWMB) means the California Integrated Waste Management Board, 
      which is the lead agency for implementing the State municipal solid waste 
      permit program that is deemed to be adequate by US EPA under regulations 
      published pursuant to sections 2002 and 4005 of RCRA.

      "Classified waste management unit" or "classified Unit" (SWRCB) means a 
      waste management unit (as defined in this section) that has been 
      classified by a Regional Water Quality Control Board according to the 
      provisions of Article 3 Subchapter 2, Chapter 3 of this division (s20240 
      et seq.).

      "Classified Unit" - see " 'classified waste management unit' or 
      'classified Unit' "

      "CLGB" - see "concentration limit"

      "Closed Site" (CIWMB) means a disposal site that has ceased accepting 
      waste and was closed in accordance with applicable statutes, regulations, 
      and local ordinances in effect at the time.

      "Closure" (SWRCB) means the process during which a waste management unit 
      (Unit), or portion thereof, that is no longer receiving waste, is 
      undergoing all operations necessary to prepare the Unit (or portion 
      thereof, as appropriate) for post-closure maintenance in accordance with 
      an approved plan for closure, or partial final closure as appropriate.

      "Closure Plan" (CIWMB) as used in this division refers to preliminary, 
      final, and/or partial final closure plans as appropriate.

      "COC" or "COCs" - see "Constituents Of Concern"

      "Coefficient of variation" (SWRCB) means the standard deviation divided by 
      the mean. It is a statistical measure of the dispersion of individual 
      samples relative to the mean value of the samples.

      "Collection" (CIWMB) means the act of collecting solid waste at the place 
      of waste generation by an approved collection agent (public or private) 
      and is distinguished from "removal."

      "Collection Vehicle or Equipment" (CIWMB) includes any vehicle or 
      equipment used in the collection of residential refuse or commercial solid 
      wastes.

      "Commercial Solid Wastes" (CIWMB) include all types of solid wastes 
      generated by stores, offices and other commercial sources, excluding 
      residences, and excluding industrial wastes.

      "Concentration limit" (SWRCB) means the value for a constituent specified 
      in the water quality protection standard under s20390 and s20400, 
      including but not limited to values for concentration, temperature, pH, 
      conductivity, and resistivity. The term can apply to a concentration that 
      exceeds the constituent's background concentration [i.e., a "concentration 
      limit greater than background (CLGB)" as described under s20400].

      "Concentration limit greater than background (CLGB)" - see "concentration 
      limit"

      "Confined animal facility" (SWRCB) means any place where cattle, calves, 
      sheep, swine, horses, mules, goats, fowl, or other domestic animals are 
      corralled, penned, tethered, or otherwise enclosed or held and where 
      feeding is by means other than grazing.

      "Constituent" (SWRCB) means an element or compound which occurs in or is 
      likely to be derived from waste discharged to the waste management unit.

      "Constituent(s) of concern" or "COC(s)" (SWRCB) means any waste 
      constituent(s), reaction product(s), and hazardous constituent(s) that is 
      reasonably expected to be in or derived from waste contained in a waste 
      management unit.

      "Construction and Demolition Wastes" (CIWMB) include the waste building 
      materials, packaging and rubble resulting from construction, remodeling, 
      repair and demolition operations on pavements, houses, commercial 
      buildings and other structures.

      "Construction quality assurance" or "CQA" (SWRCB) means a planned system 
      of activities that provides assurance that the facility, or component 
      thereof, is constructed as specified in the approved design. As used in 
      these regulations, the term includes "Construction quality control" or 
      "CQC", a planned system of inspections that is used to directly monitor 
      and control the quality of a construction project.

      "Containment" (SWRCB) means the use of waste management unit 
      characteristics or installed systems and structures to prevent or restrict 
      the release of waste constituents, including waste constituents mobilized 
      as a component of leachate or of landfill gas.

      "Containment feature" (SWRCB) means any feature, whether natural or 
      artificial, used to contain waste constituents, including waste 
      constituents mobilized as a component of leachate or of landfill gas.

      "Containment structure" (SWRCB) means an artificial feature designed and 
      installed to contain waste constituents, including waste constituents 
      mobilized as a component of leachate or of landfill gas.

      "Contaminated materials" (SWRCB) means materials that contain waste 
      constituents or leachate.

      "Control chart" (SWRCB) means a graphical method for evaluating whether a 
      process is or is not in a state of statistical control.

      "Coverage" (SWRCB), when applied to financial assurance, means the amount 
      of funds the discharger must make available for a known eventuality (e.g., 
      closure) or potential eventuality (e.g., corrective action).

      "Cover Material" (CIWMB) means soils/earthen materials or alternative 
      materials used in covering compacted solid wastes in a disposal site. 
      Cover material may serve as daily, intermediate or final cover. 
      "Alternative Daily Cover" means cover material other than at least six 
      inches of earthen material, placed on the surface of the active face at 
      the end of each operating day to control vectors, fires, odors, blowing 
      litter, and scavenging. "Daily Cover Material" includes that cover 
      material placed on the entire surface of the active face at least at the 
      end of each operating day in order to control vectors, fire, odors, 
      blowing litter and scavenging. "Final Cover Material" means cover material 
      that represents the permanently exposed final surface of a fill. 
      "Intermediate Cover Material" means cover material placed on all fill 
      surfaces where additional cells are not to be constructed for 180 days or 
      more to control vectors, fires, odors, blowing litter, scavenging, and 
      drainage. Intermediate cover does not include final cover as defined in 
      this section.

      "CQA" - see "construction quality assurance"

      "CQC" - refer to "construction quality assurance"

      "Critical Slope" (SWRCB) means a potential slip surface or slope on a site 
      that has the lowest factor of safety.

      "Cross-contamination" (SWRCB) means a condition created when a drill hole, 
      boring, or improperly-constructed well forms a pathway for fluid movement 
      between a saturated zone which contains pollutants and a formerly 
      separated saturated zone containing uncontaminated ground water.

      "Cutoff wall" (SWRCB) means a subsurface barrier to lateral fluid movement 
      which extends from in-place natural geologic materials (which have the 
      required hydraulic conductivity) to ground surface.

      "Day" (CIWMB) means calendar day unless otherwise specified.

      "Dead Animals" (CIWMB) include those animals whose carcasses or parts 
      thereof require disposal.

      "Decomposable waste" (SWRCB) means waste which, under suitable natural 
      conditions, can be transformed through biological and chemical processes 
      into compounds which do not impair the quality of waters of the state. 
      Nevertheless, incomplete decomposition may result in some water quality 
      degradation (e.g., hardness, taste, odor, etc.).

      "Decomposition Gases" (CIWMB) include gases produced by chemical or 
      microbial activity during the decomposition of solid waste.

      "Dedicated" (SWRCB), when applied to a waste management unit (Unit), means 
      the Unit is used exclusively for discharges of particular wastes.

      "Dendritic" (SWRCB) when applied to a waste management unit's subdrain 
      system, means that this system is arranged in a branching pattern.

      "Designated waste" (SWRCB) has the same meaning as under California Water 
      Code s13173.

      "Dewatered sludge" (SWRCB) means residual semi-solid waste from which free 
      liquid has been evaporated or otherwise removed.

      "Discharger" (SWRCB) means any person who discharges waste which could 
      affect the quality of waters of the state, and includes any person who 
      owns a waste management unit (Unit) or who is responsible for the 
      operation of a Unit. When referring to dischargers of hazardous waste, the 
      terms "discharge" and "waste" in this definition have the same meaning as 
      they would have under the definitions for these terms provided in section 
      66260.10 of Chapter 11 of Division 4.5 of Title 22, CCR, effective July 1, 
      1991.

      "Discrete unit" (CIWMB) means any portion of the disposal area that can be 
      individually monitored.

      "Disposal Area" (CIWMB) means that portion of a disposal site which has 
      received or is receiving solid wastes.

      "Dump" (CIWMB) means a disposal site which has waste exposed to the 
      elements, vectors and scavengers.

      "Dynamic Conditions" (CIWMB) means under transitory loading conditions, 
      such as during an earthquake.

      "EA" (CIWMB) means enforcement agency as defined in PRC s40130.

      "Earthquake Magnitude" (CIWMB) means the Richter scale of earthquake 
      magnitude used to express the total energy of an earthquake.

      "Electrical conductivity" (SWRCB) means the relative ability of water to 
      conduct electrical current. It depends on the ion concentration of and can 
      be used to approximate the total filterable residue (total dissolved 
      solids) in the water.

      "Environmental Control System" (CIWMB) means a system to prevent the 
      release of waste constituents from the containment structures of sites. 
      Environmental control system for the purpose of this definition does not 
      include systems which primary function is to protect water quality.

      "Excess exposure" (SWRCB) means that, for an organism exposed to a release 
      from a waste management unit, the combined effect of all hazardous 
      constituents in the organism's environment is such that the organism will 
      suffer some measurable adverse effect on health or reproductive success, 
      which effect is partly or wholly attributable to the release.

      "Existing" (SWRCB), when describing a waste management unit (e.g., 
      "existing surface impoundment", or "existing Unit"), means that the waste 
      management unit in question was operating, or had received all permits 
      necessary for construction and operation, on or before November 27, 1984, 
      pursuant to s20080(d).

      "Existing Footprint" (SWRCB) (as capitalized) means the area of land, at 
      an MSW landfill, that is covered by waste as of the date that landfill 
      became subject to the federal regulations of 40 CFR Part 258, pursuant to 
      s258.1 of that part, as published in the Federal Register of October 1, 
      1993 (Volume 58, No. 189, pages 51546 and 51547). [Note: see also 
      definitions for "Federal Deadline" and "MSW landfill".]

      "Existing MSWLF unit" (CIWMB) (CIWMB usage) means any municipal solid 
      waste landfill unit that is receiving solid waste as of the appropriate 
      dates specified in Section 20060. Waste placement in existing units must 
      be consistent with past operating practices or modified practices to 
      ensure good management.

      "External hydrogeologic forces" (SWRCB) means seasonal and other 
      fluctuations in ground water levels, and any other hydraulic condition 
      which could cause a change in the hydraulic stress on a containment 
      structure.

      "Facility" - see "waste management facility"

      "Facility Boundary" (CIWMB) means the boundary surrounding the entire area 
      on which solid waste facility activities occur and are permitted.

      "Facility wastewater" (SWRCB) means all wastewater, from whatever source, 
      produced at a confined animal facility.

      "Factor of safety" (SWRCB) means the ratio of forces resisting slope or 
      foundation failure over forces driving slope or foundation failure.

      "Federal Deadline" (SWRCB) applies only to an MSW landfill, and means the 
      compliance date applicable to that landfill or portion thereof pursuant to 
      s258.1(e) of the federal MSW regulations (40CFR258), as revised in the 
      Federal Register of October 1, 1993 (Volume 58, No. 189, pages 51546 and 
      51547). The term does not mean the date an MSW landfill must begin 
      monitoring, in that all waste management units subject to these 
      regulations have been required to monitor since the November 27, 1984 
      version of these regulations (see s20380 et seq.).

      "Fill" (CIWMB) includes compacted solid waste and cover material.

      "Flexible membrane liner (FML)" - see "geosynthetic(s)"

      "Floodplain" (SWRCB) means the land area which is subject to flooding in 
      any year from any source.

      "FML" - see "geosynthetic(s)"

      "Foundation Failure" (CIWMB) means the failure of a foundation, soil or 
      rock that serves to support an imposed load, along a surface of weakness.

      "Freeboard" (SWRCB) means the vertical distance between the lowest point 
      along the top of a surface impoundment dike, berm, levee, or other similar 
      feature and the surface of the liquid contained therein.

      "Free liquid" (SWRCB) means liquid which readily separates from the solid 
      portions of waste under ambient temperature and pressure. Free liquids are 
      not present when a 100 milliliter representative sample of the waste can 
      be completely retained in a standard 400 micron conical paint filter for 5 
      minutes without loss of any portion of the waste from the bottom of the 
      filter (or an equivalent test approved by the Department of Toxic 
      Substances Control).

      "Garbage" (CIWMB) includes all kitchen and table food waste, and animal or 
      vegetable waste that attends or results from the storage, preparation, 
      cooking or handling of food stuffs.

      "Geologic materials" (SWRCB) means in-place naturally occurring surface 
      and subsurface rock and soil.

      "Geologist" (CIWMB) means a person who is engaged in professional 
      geological work under the supervision of registered geologist or 
      registered civil engineer, who is in responsible charge of the work, 
      pursuant to section 7805 of the Business and Professions Code.

      "Geomembrane" - see "geosynthetic(s)"

      "Geosynthetic(s)" (SWRCB) (n)means flexible materials in planar form 
      manufactured to meet specific engineering purposes. The term includes, but 
      is not limited to: "geomembrane", an essentially impermeable membrane used 
      as a barrier to waste solids and fluids, and synonymous with "synthetic 
      liner" and "flexible membrane liner (FML)"; "geocomposite liner (GCL)," a 
      manufactured material using geotextiles, geogrids, geonets, and/or 
      geomembranes in laminated or composite form; "geotextile" (including 
      "geonet"), any permeable textile used with foundation, soil, rock, earth, 
      or any other geotechnical engineering-related material as an integral part 
      of a constructed project, structure, or system.

      "Ground acceleration" (SWRCB) means acceleration of earth particles caused 
      by an earthquake.

      "Ground rupture" (SWRCB) means disruption of the ground surface due to 
      natural or man-made forces (e.g., faulting, landslides, subsidence).

      "Ground water" (SWRCB) for the purpose of the SWRCB-promulgated 
      requirements of this subtitle, means water below the land surface that is 
      at or above atmospheric pressure.

      "Grout curtain" (SWRCB) means a subsurface barrier to fluid movement, 
      installed by injecting grout mixtures (such as cement, silicates, 
      synthetic resins, etc.) to fill and seal fractures in rock.

      "Hazardous constituent" (SWRCB) means a constituent identified in Appendix 
      VIII to Chapter 11 of Division 4.5 of Title 22, CCR, or an element, 
      chemical compound, or mixture of compounds which is a component of a waste 
      or leachate and which has a physical or chemical property that causes the 
      waste or leachate to be identified as a hazardous waste by the California 
      Department of Toxic Substances Control.

      "Hazardous waste" (SWRCB) means any waste which, under Article 1, Chapter 
      11, Division 4.5 (s66261.3 et seq.) of Title 22 of this code, is required 
      to be managed according to Division 4.5 of Title 22 of this code.

      "Head" or "hydraulic head" (SWRCB) means the pressure exerted by fluid on 
      a given area. It is caused by the height of the fluid surface above the 
      area.

      "Holding facilities" (CIWMB) means sedimentation basins/ponds designed to 
      control suspended solids entrained in surface run-off, prior to discharge.

      "Holocene fault" (SWRCB) means a fault which is or has been active during 
      the last 11,000 years.

      "Household waste" (CIWMB) 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).

      "Hydraulic conductivity" (SWRCB) means the ability of natural and 
      artificial materials to transmit fluid. For water, including aqueous 
      solutions, the term is expressed as a measure of the rate of flow (e.g., 
      cubic centimeters per second) one can expect through a unit-area (e.g., 
      one square centimeter) cross section of the material when the hydraulic 
      gradient is unity (e.g., one centimeter of head loss per centimeter of 
      travel through the material). The resulting numerical value is expressed 
      in velocity units (e.g., centimeters per second).

      "Illegal Site" (CIWMB) means a disposal site that is not permitted and not 
      exempt from obtaining a permit and is not closed or excluded from the 
      requirement to obtain a SWFP.

      "Inactive" (SWRCB) means a temporary status of a waste management unit 
      (Unit), following the initial receipt of waste, in which the Unit is no 
      longer receiving waste.

      "Inactive mining waste management unit" (SWRCB) means any area containing 
      mining wastes which is located at a present or former mining or milling 
      site, and where all mining operations and discharges of mining waste ended 
      and have not been resumed for 5 years, or more.

      "Inactive Site" (CIWMB) means a site that is temporarily idle for a 
      specific period due to known circumstances and not part of the normal 
      operation pattern contained in the solid waste facility permit.

      "Incinerator" (CIWMB) includes any equipment used for the volume reduction 
      or destruction of combustible wastes by burning, from which the exhaust 
      gases pass through a flue.

      "Incinerator Residue" (CIWMB) includes the solid materials remaining after 
      reduction in an incinerator.

      "Independent sample" (SWRCB) means an individual sample of a monitored 
      medium, obtained from a given Monitoring Point, that:

      (1) does not contain a parcel of the medium that has been previously 
      sampled at that Monitoring Point sufficient to cause a measurable effect 
      in the analytical results; and

      (2) has not been otherwise affected differently than any other individual 
      sample or group of samples with which it will be compared.

      In applying No. 1, above, to ground water monitoring, the parcel of water 
      of interest is the parcel of water that was in the well bore at the time 
      of any previous sampling event.

      "Indicator parameters" (SWRCB) means measurable physical or chemical 
      characteristics of water or soil-pore moisture which are used to detect 
      the presence of waste constituents in water or soil-pore moisture, or the 
      effects of waste constituents on waters of the state.

      "Industrial Wastes" (CIWMB) include all types of solid wastes and 
      semi-solid wastes which result from industrial processes and manufacturing 
      operations.

      "Inert waste" (SWRCB) means the same as under s20230(a).

      "Interim cover" (SWRCB) means the same as under s20705(a).

      "Intermediate cover" (SWRCB), when used in an SWRCB-promulgated 
      requirement applicable to a waste pile waste management unit, has a 
      meaning identical to the CIWMB's definition of the term as it applies to 
      landfills (under the definition for "cover material" in this section).

      "Iso-settlement map" (SWRCB) means a contour map showing lines of equal 
      settlement of a landfill over a period of time.

      "Land application unit" (CIWMB) means an area where wastes are applied 
      onto or incorporated into the soil surface (excluding manure spreading 
      operations) for agricultural purposes or for treatment and disposal.

      "Landfill" (SWRCB) means a waste management unit at which waste is 
      discharged in or on land for disposal. It does not include surface 
      impoundment, waste pile, land treatment unit, injection well, or soil 
      amendments. [Note: see also the definition of "waste management unit" and 
      ss 20090(c&f).]

      "Landfill gas condensate" (SWRCB) means liquids which are removed from a 
      gas control system at a landfill and which are produced by the 
      condensation of landfill gas being conveyed by that system. The term 
      ceases to apply to such liquid upon its being treated to the extent that 
      it no longer contains any constituent of concern whose concentration 
      exceeds the water quality objectives of ground water in the uppermost 
      aquifer underlying the waste management unit. [Note: see also s20200(d).]

      "Land treatment unit" (SWRCB) means a waste management unit (Unit) at 
      which liquid and solid waste is discharged to, or incorporated into, soil 
      for degradation, transformation, or immobilization within the treatment 
      zone. Such Units are disposal Units if the waste will remain after 
      closure. [Note: see also the definition of "waste management unit" and 
      s20090(f).]

      "Lateral expansion" (CIWMB) means a horizontal expansion beyond the 
      disposal area boundary.

      "Lateral expansion (beyond Existing Footprint)" (SWRCB) applies only to an 
      existing MSW landfill that is subject to the federal regulations under 40 
      CFR 258, and means any portion of the landfill whichin map view -is 
      contiguous with the landfill's Existing Footprint (as defined in this 
      section) and which receives waste after the landfill's Federal Deadline 
      (as defined in this section).

      "Lateral expansion (of RWQCB-Permitted Area)" (SWRCB), for any new or 
      existing waste management unit (Unit), means any increase -in map view -of 
      the Unit's RWQCB-Permitted Area (as defined in this section)

      "LCRS" - see "leachate collection and removal system"

      "Leachate" (SWRCB) means any liquid formed by the drainage of liquids from 
      waste or by the percolation or flow of liquid through waste. It includes 
      any constituents extracted from the waste and dissolved or suspended in 
      the fluid. The term ceases to apply to such liquid upon its being mingled 
      with ground water outside the Unit's liner system. The term also ceases to 
      apply to such liquid upon its being treated to the extent that it no 
      longer contains any constituent of concern whose concentration exceeds the 
      water quality objectives of ground water in the uppermost aquifer 
      underlying the waste management unit.

      "Leachate collection and removal system" or "LCRS" (SWRCB) means that 
      portion of a waste management unit's containment system that is designed 
      and constructed (pursuant to s20340) to collect all leachate that reaches 
      it, and to convey such leachate to a designated collection area to 
      minimize the buildup of leachate head on any underlying liner. The term 
      does not include systems that are designed to collect ground water outside 
      the Unit's liner, if any, including ground water that has been polluted by 
      leachate.

      "Liner" (SWRCB) means a continuous layer of natural or artificial 
      material, or a continuous membrane of flexible artificial material, or a 
      continuous composite layer consisting of a membrane of flexible artificial 
      material directly overlying a layer of engineered natural material, which 
      is installed beneath or on the sides of a waste management unit (Unit), 
      and which acts as a barrier to both vertical or lateral fluid movement.

      "Liner system" (SWRCB) means the entire sequence of individual liners, 
      composite liners, and leachate collection system(s) which prevent or 
      minimize releases from the waste management unit.

      "Liquefaction" (SWRCB) means the process resulting from seismic or other 
      shaking whereby solid granular material takes on the flowing 
      characteristics of a liquid.

      "Liquid waste" (SWRCB) means any waste materials which are not spadable.

      "Litter" (CIWMB) means all solid waste which has been improperly discarded 
      at any location or which has migrated by wind or equipment away from the 
      unloading area of a solid waste facility, disposal site or operation. 
      Litter includes, but is not limited to, convenience food, beverage, and 
      other product packages or containers constructed of steel, aluminum, 
      glass, paper, plastic, and other natural and synthetic materials, thrown 
      or deposited on the lands and waters of the state, but not including the 
      properly discarded waste of the primary processing of agriculture, mining, 
      logging, sawmilling, or manufacturing.

      "Local Air District" (CIWMB) means the local Air Quality Management 
      District (AQMD) or the local Air Pollution Control District (APCD).

      "Local Government" (CIWMB) is a local public entity which is a county, 
      city, district, or any other special political subdivision, but is not the 
      State.

      "Manure" (SWRCB) means the accumulated moist animal excrement that does 
      not undergo decomposition or drying as would occur on open grazing land or 
      natural habitat. This definition shall include feces and urine which may 
      be mixed with bedding materials, spilled feed, or soil.

      "Maximum credible earthquake" (SWRCB), or "MCE" (SWRCB), means the maximum 
      earthquake that appears capable of occurring under the presently known 
      geologic framework. In determining the maximum credible earthquake, little 
      regard is given to its probability of occurrence except that its 
      likelihood of occurring is great enough to be of concern. The term 
      describes an event that could be approached more frequently in one 
      geologic environment than in another; therefore, the following factors 
      have a bearing upon the derivation of the MCE for any given facility:

      (a) the seismic history of the vicinity and of the geologic province;

      (b) the length of the significant fault or faults which can affect the 
      site within a radius of 62 miles (100 kilometers) of the facility 
boundary;

      (c) the type(s) of faults involved;

      (d) the tectonic and/or structural history; and

      (e) the tectonic and/or structural pattern or regional setting (geologic 
      framework); nevertheless

      (f) the time factor shall not be a parameter.

      "Maximum probable earthquake", or "MPE" (SWRCB), means the maximum 
      earthquake that is likely to occur during a 100-year interval. The term 
      describes a probable occurrence, rather than an assured event that will 
      occur at a specific time; therefore, the following factors have a bearing 
      upon the derivation of the MPE for a given facility:

      (a) the regional seismicity, considering the known past seismic activity;

      (b) the fault or faults within a 62 mile (100 kilometer) radius from the 
      facility boundary that may be active within the 100 years following first 
      acceptance of waste;

      (c) the type(s) of faults considered;

      (d) the seismic recurrence factor for the area described in ¶(b), above, 
      and for any faults (when known) within that area; and

      (e) the mathematic probability analysis (or statistical analysis) of 
      seismic activity associated with the faults included in the area described 
      under ¶(b), above, including a graphical plot of recurrence information.

      Nevertheless, the postulated magnitude of the MPE is superseded by any 
      more powerful seismic event that has occurred within historic time in the 
      area described under ¶(b), above.

      "Measurably significant" (SWRCB) means a change in the Monitoring Point 
      data that, relative to the reference background value (or other approved 
      reference value or distribution), is sufficient to indicate that a release 
      has occurred, pursuant to the applicable data analysis method (including 
      its corresponding trigger).

      "Medical Waste" (CIWMB) means waste regulated pursuant to the Medical 
      Waste Management Act, Part 14 (commencing with Section 117600) of Division 
      104 of the Health and Safety Code.

      "Mining waste" (SWRCB) means all waste materials (solid, semi-solid, and 
      liquid) from the mining and processing of ores and minerals including 
      soil, waste rock, and other forms of overburden as well as tailings, slag, 
      and other processed mining wastes.

      "Moisture-holding capacity" (SWRCB) means the amount of liquid which can 
      be held against gravity by waste materials without generating free liquid.

      "Monitoring parameter" (SWRCB) means one of the set of parameters 
      specified in the waste discharge requirements for which monitoring is 
      conducted. Monitoring parameters include physical parameters, waste 
      constituents, reaction products, and hazardous constituents, that provide 
      a reliable indication of a release from a waste management unit.

      "Monitoring Point" (SWRCB) (as capitalized) means a well, device, or 
      location specified in the waste discharge requirements at which monitoring 
      is conducted and at which the water quality protection standard, under 
      s20390, applies.

      "Municipal solid waste," or "MSW" (SWRBC) has the same meaning as under 40 
      CFR, Part 258.

      "MSW landfill" or "municipal solid waste landfill unit" (SWRCB) means any 
      landfill that is subject to the federal regulations of 40CFR258, including 
      any portion of a disposal site that is subject to those regulations. The 
      term includes any landfill, other than a Class I landfill, that received 
      municipal solid waste (MSW) at any time and that has received any solid 
      waste since October 9, 1991; therefore, the term does not include any 
      landfill that stopped receiving waste prior to that date.

      "New Unit" (SWRCB), when applied to a waste management unit (Unit) or 
      portion thereof, means that the Unit (or portion thereof) began operating, 
      or had received all permits necessary for construction and operation, 
      after November 27, 1984, pursuant to s20080(d).

      "New MSWLF unit" (CIWMB) means any municipal solid waste landfill unit 
      that has not received waste prior to the operative date of October 9, 
      1993, or prior to October 9, 1997 if the MSWLF unit meets the conditions 
      of 40 CFR 258.1(f)(1).

      "Nonhazardous solid waste" (SWRCB) has the same meaning as under 
s20220(a).

      "Nuisance" (SWRCB) has the same meaning as under Water Code s13050(m).

      "Nuisance" (CIWMB) for CIWMB-promulgated sections includes anything which 
      is injurious to human health or is indecent or offensive to the senses and 
      interferes with the comfortable enjoyment of life or property, and affects 
      at the same time an entire community, neighborhood, household or any 
      considerable number of persons although the extent of annoyance or damage 
      inflicted upon an individual may be unequal and which occurs as a result 
      of the storage, removal, transport, processing or disposal of solid waste.

      "On-site" (CIWMB) means located within the permitted boundary.

      "Open burning" (CIWMB) means the combustion of solid waste without:

      (1) Control of combustion air to maintain adequate temperature for 
      efficient combustion,

      (2) Containment of the combustion reaction in an enclosed device to 
      provide sufficient residence time and mixing for complete combustion, and

      (3) Control of the emission of the combustion products.

      "Operating" (CIWMB) means currently active or the period of site activity 
      from the first receipt of waste until the final receipt of waste 
      consistent with the normal pattern of operation in the solid waste 
      facility permit.

      "Operating" (SWRCB) - see "active life"

      "Operating Area" (CIWMB) means that portion of a solid waste facility 
      which is currently in use for the unloading, management or disposal of 
      wastes.

      "Operating life" (SWRCB) - see "active life" (SWRCB)

      "Operator" (CIWMB) means the landowner or other person who through a 
      lease, franchise agreement or other arrangement with the landowner becomes 
      legally responsible to the State for including, but not limited to, the 
      following requirements for a solid waste facility or disposal site:

      (A) obtaining a solid waste facility permit;

      (B) complying with all applicable federal, state and local requirements;

      (C) the physical operation of the facility or site; and

      (D) closing and maintaining the site during the postclosure maintenance 
      period.

      "Overpulling" (CIWMB) means excessive air intrusion into a disposal site 
      during gas extraction to control the migration of landfill gas or to 
      increase the production of landfill gas in an energy production system or 
      flare.

      "Partial Final Closure" (CIWMB) means the closure of discrete units of a 
      site consistent with the approved closure and postclosure maintenance 
plan.

      "Peak stream flow" (SWRCB) means the maximum expected flow of surface 
      water at a waste management facility from a tributary watershed for a 
      given recurrence interval.

      "Peer-reviewed" (CIWMB) means published and independently reviewed by 
      other experts within the same academic field.

      "Perched ground water" (SWRCB) means a body of unconfined ground water 
      separated from the zone of saturation by a portion of the unsaturated 
      zone. Such perched water can be either permanent or ephemeral.

      "Permeability" (SWRCB) means the ability of natural and artificial 
      materials to transmit fluid.

      "Physical parameter" (SWRCB) means any measurable physical characteristic 
      of a substance including, but not limited to, temperature, electrical 
      conductivity, pH, and specific gravity.

      "Point of Compliance" (SWRCB) (as capitalized) means a vertical surface 
      located at the hydraulically downgradient limit of a waste management unit 
      (Unit) and that extends through the uppermost aquifer underlying the Unit.

      "Post-closure maintenance" (SWRCB) means all activities undertaken at a 
      closed waste management unit to maintain the integrity of containment 
      features and to monitor compliance with applicable performance standards.

      "Post-closure maintenance period" (SWRCB) means the period after closure 
      of a waste management unit (Unit) during which the waste in the Unit could 
      have an adverse effect on the quality of the waters of the state.

      "Postclosure maintenance plan" (CIWMB) as used in this division refers to 
      preliminary, final, and/or partial final postclosure maintenance plans as 
      appropriate.

      "Premises" (CIWMB) includes a tract or parcel of land with or without 
      habitable buildings or appurtenant structures.

      "Principal Gases" (CIWMB) means the organic or inorganic constituents of 
      landfill gas, greater than one percent by volume, that typically include 
      carbon dioxide, methane, oxygen, and nitrogen.

      "Private Access" (CIWMB) means that public access and disposal are not 
      allowed.

      "Probable maximum precipitation" (SWRCB) means the estimated amount of 
      precipitation for a given duration, drainage area, and time of year, which 
      approaches and approximates the maximum that is physically possible within 
      the limits of contemporary hydrometeorological knowledge and techniques. 
      The term describes a precipitation event that has virtually no risk of 
      being exceeded.

      "Professional Land Surveyor" (CIWMB) means a land surveyor licensed by the 
      State of California pursuant to section 8747 of the Business and 
      Professions Code.

      "Putrescible Wastes" (CIWMB) include wastes that are capable of being 
      decomposed by micro-organisms with sufficient rapidity as to cause 
      nuisances because of odors, gases or other offensive conditions.

      "P-value" (SWRCB) means the smallest significance level for which the null 
      hypothesis would be rejected, based on the data that was actually 
observed.

      "Rapid geologic change" (SWRCB) means alteration of the ground surface 
      through such actions as landslides, subsidence, liquefaction, and 
faulting.

      "R Chart (range chart)" (SWRCB) means a control chart for evaluating the 
      variability within a process in terms of the subgroup range R.

      "Reconstruction" (SWRCB) means modification to an existing waste 
      management unit (Unit) which entails costs amounting to 50 percent or more 
      of the initial cost of the Unit.

      "Refuse" (CIWMB) includes garbage and rubbish.

      "Regional Water Quality Control Board" - see "RWQCB"

      "Registered Civil Engineer" (CIWMB) means a civil engineer registered by 
      the State of California, pursuant to section 6762 of the Business and 
      Professions Code.

      "Registered Geologist" (CIWMB) means a geologist registered by the State 
      of California, pursuant to section 7842 of the Business and Professions 
      Code.

      "Regulated Hazardous Waste" (CIWMB) means a hazardous waste, as defined in 
      s66260.10 of Division 4.5 of Title 22 of this code.

      "Relative compaction" (SWRCB) means the degree of compaction achieved, as 
      a percentage of the laboratory compaction, in accordance with accepted 
      civil engineering practices.

      "Removal" (CIWMB) means the act of taking solid wastes from the place of 
      waste generation either by an approved collection agent or by a person in 
      control of the premises.

      "Removal Frequency" (CIWMB) means frequency of removal of solid wastes 
      from the place of waste generation either by an approved collection agency 
      or by the owner of the waste, or frequency of removal of recyclables at 
      facilities which separate recyclables from the waste stream.

      "Rubbish" (CIWMB) includes non-putrescible solid wastes such as ashes, 
      paper, cardboard, tin cans, wood, glass, bedding, crockery, plastics, 
      rubber by-products or litter.

      "Run-off" (SWRCB) means any precipitation, leachate, or other liquid that 
      drains from any part of a waste management unit (Unit).

      "Run-on" (SWRCB) means any precipitation or other liquid that drains onto 
      any part of a waste management unit.

      "RWQCB" or "Regional Water Quality Control Board" (SWRCB) has the same 
      meaning as does the latter term, as described under Division 7 of the 
      California Water Code.

      "RWQCB-Permitted Area" (SWRCB) (as capitalized) means the portion of land 
      designated in WDRs for the discharge of waste at a waste management unit.

      "Salvaging" (CIWMB) means the controlled removal of waste material for 
      utilization.

      "Saturated zone" (SWRCB) means an underground zone in which all openings 
      in and between natural geologic materials are filled with water.

      "Scavenging" (CIWMB) means the uncontrolled and/or unauthorized removal of 
      solid waste materials, or recyclable material at a solid waste facility.

      "Semi-solid waste" (SWRCB) means waste containing less than 50 percent 
      solids.

      "Sensitive biological receptor of concern" (SWRCB) means a member of any 
      species of organism whose members are likely to be exposed to a release 
      from a waste management unit and experience some measurable adverse effect 
      as a result of that exposure.

      "Septic Tank Pumpings" (CIWMB) include sludge and wastewater removed from 
      septic tanks.

      "Shredding" (CIWMB) includes a process of reducing the particle size of 
      solid wastes through use of grinding, shredding, milling or rasping 
      machines. Shredding for the purposes of this Division does not apply to 
      shredding of waste tires.

      "Site-Specific" (CIWMB) means specific to the local site.

      "Slope Failure" (SWRCB) means the downward and outward movement of ground 
      slopes (e.g., natural rock, soils, artificial fills, or continuations of 
      these materials).

      "Sludge" (SWRCB) means residual solids and semi-solids from the treatment 
      of water, wastewater, and other liquids. It does not include liquid 
      effluent discharged from such treatment processes.

      "Soil Engineer" (CIWMB) is synonymous with geotechnical engineer; means a 
      registered civil engineer that is qualified to use the title of "soil 
      engineer," pursuant to California Code of Regulations, Title 16, section 
      426.50.

      "Soil-pore liquid" (SWRCB) means the liquid contained in openings between 
      particles of soil in the unsaturated zone.

      "Solid Waste Management" (CIWMB) includes a planned program for 
      effectively controlling the generation, storage, collection, 
      transportation, processing and reuse, conversion or disposal of solid 
      wastes in a safe, sanitary, aesthetically acceptable, environmentally 
      sound and economical manner. It includes all administrative, financial, 
      environmental, legal and planning functions as well as the operational 
      aspects of solid waste handling, disposal and resource recovery systems 
      necessary to achieve established objectives.

      "Sorbent" (SWRCB) means a substance which takes up and holds a liquid 
      either by absorption or adsorption.

      "Special Waste" (CIWMB) means "special waste" as defined in Title 22.

      "State Minimum Standards" (CIWMB) means the following sections of this 
      Subdivision for the purposes of implementing Public Resources Code Section 
      44104: 20510 to 20701, 20710 to 20937, 21100 to 21200, 21430 and 21600.

      "State Water Resources Control Board" - see "SWRCB"

      "Static Conditions" (SWRCB) means under conditions of no external motions 
      or forces, such as those of earthquakes.

      "Statistically significant" (SWRCB) means a statistical test has a p-value 
      that is small enough for the null hypothesis to be rejected.

      "Storage" (SWRCB) means the holding of waste or recyclable materials for a 
      temporary period, at the end of which the materials either is treated or 
      is discharged elsewhere.

      "Store" (CIWMB) means stockpile, accumulate for later use or discard. 
      [Note: this standard does not apply to waste tires.]

      "Storm" (SWRCB) means the maximum precipitation for a given duration that 
      is expected during the given recurrence interval [e.g., a 24-hour 
      (duration) 100 year (recurrence interval) storm].

      "Surface impoundment" (SWRCB) means a waste management unit which is a 
      natural topographic depression, excavation, or diked area, which is 
      designed to contain liquid wastes or wastes containing free liquids, and 
      which is not an injection well.

      "SWRCB" (SWRCB) means the State Water Resources Control Board, as 
      described under Division 7 of the Water Code.

      "Synthetic liner" - see "geosynthetic(s)"

      "Tailings pond" (SWRCB) means an excavated or diked area which is intended 
      to contain liquid and solid wastes from mining and milling operations.

      "Trace Gases" (CIWMB) means all other organic or inorganic compounds or 
      elements, measured at less than one percent by volume, found together with 
      the principal gases in landfill gas, and may include vinyl chloride, 
      benzene, hydrogen sulfide, carbon monoxide, hydrogen, mercury, etc.

      "Transmissivity" (SWRCB) means the rate at which water of the prevailing 
      kinematic viscosity is transmitted through a unit width of the aquifer 
      under a unit hydraulic gradient.

      "Treatment" (SWRCB) means any method, technique, or process designed to 
      change the physical, chemical, or biological characteristics of waste so 
      as to render it less harmful to the quality of the waters of the state, 
      safer to handle, or easier to contain or manage. The term includes use of 
      waste as a fuel, nutrient, or soil amendment.

      "Treatment zone" (SWRCB) means a soil area of the unsaturated zone of a 
      land treatment unit within which constituents of concern are degraded, 
      transformed, or immobilized.

      "Underlying ground water" (SWRCB), for the purposes of waste management 
      unit siting criteria, includes water which rises above the zone of 
      saturation due to capillary forces.

      "Unit" - see "waste management unit"

      "Unsaturated zone" (SWRCB) means the zone between the ground surface and 
      the regional water table or, in cases where the uppermost aquifer is 
      confined, the zone between the ground surface and the top of the saturated 
      portion of the aquifer's confining layer.

      "Unstable Areas" (CIWMB) means locations susceptible to natural or 
      human-induced events or forces which are capable of rupturing the site 
      containment structure.

      "Uppermost aquifer" (SWRCB) 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.

      "Vector" (CIWMB) includes any insect or other arthropod, rodent, or other 
      animal capable of transmitting the causative agents of human disease, or 
      disrupting the normal enjoyment of life by adversely affecting the public 
      health and well being.

      "Waste constituent" (SWRCB) means a constituent that is reasonably 
      expected to be in or derived from waste contained in a waste management 
      unit.

      "Waste management facility" or "facility" (SWRCB) means the entire parcel 
      of property at which waste discharge operations are conducted. Such a 
      facility may include one or more waste management units.

      "Waste management unit" or "Unit" (SWRCB) (the latter capitalized or in 
      quotes at the beginning of a sentence) means an area of land, or a portion 
      of a waste management facility, at which waste is discharged. The term 
      includes containment features and ancillary features for precipitation and 
      drainage control and for monitoring.

      "Waste pile" (SWRCB) means a waste management unit (Unit) at which only 
      noncontainerized, bulk, dry solid waste is discharged and piled for 
      treatment or storage on an engineered liner system that prevents the waste 
      from contacting the underlying land surface. The term does not include a 
      Unit of similar construction which is used for waste disposal (such a Unit 
      would be a landfill).

      "Water quality impairment" (SWRCB) means degradation of the existing 
      quality of a body of surface or ground water resulting from a release of 
      waste constituents, waste-derived hazardous constituents, or reaction 
      products, including but not limited to any incomplete decomposition 
      product which could cause nuisance by odor.

      "Water Standard" (SWRCB) (as capitalized) means the water quality 
      protection standard under s20390.

      "WDRs" (SWRCB) means waste discharge requirements.

      "X Bar chart" (SWRCB) means a control chart for evaluating the process 
      level or subgroup differences in terms of the subgroup average.

      "Zone of saturation" (SWRCB) means the subsurface zone which extends 
      downward from the base of the unsaturated zone in which the interstices 
      are filled with water under pressure that is equal to or greater than 
      atmospheric pressure. Although the zone can contain gas-filled interstices 
      (in which the gas pressure exceeds atmospheric pressure) or interstices 
      filled with fluids other than water, it is still considered saturated.


      


      Note: Authority cited: Section 1058, Water Code; and Section 40502 Public 
      Resources Code. Reference: Section 13172, Water Code; Sections 40000, 
      40001, 40002, 43103 and 43105, Public Resources Code, and Title 40, CFR 
      258.2. 


       HISTORY 
         
      1. New article 2 (section 20164) and section filed 6-18-97; operative 
      7-18-97 
      (Register 97, No. 25).

      2. Change without regulatory effect amending definition of "State Minimum 
      Standards" filed 3-8-99 pursuant to 
      section 100, title 1, California Code ofRegulations (Register 99, No. 11).

      3. Amendment of definition of "Discrete unit" and new definitions of 
      "Closure
      plan" and "Postclosure maintenance plan" filed 2-25-2003; operative 
      2-25-2003
      pursuant to Government Code section 11343.4 (Register 2003, No. 9).
      27 CA ADC s 20164

      END OF DOCUMENT

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For Further Assistance Visit : www.mcmillanlaw.us and www.fearnotlaw.com