Section 271.1. Definitions

The following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:

ASTM—The American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103-1187.

Abatement—The restoration, reclamation, recovery and the like of a natural resource adversely affected by the activity of a person, permittee or municipality.

Abatement standards—Background, MCLs and risk-based standards as those terms are defined under this article.

Access road—A roadway or course providing access to a municipal waste processing or disposal facility, or areas within the facility, from a road that is under Federal, Commonwealth or local control.

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

Adjacent area—Land located outside the permit area, where air, surface water or groundwater, fish, wildlife, vegetation or other resources protected by this article may be adversely affected by municipal waste processing or disposal facilities.

Agricultural utilization—The land application of sewage sludge for its plant nutrient value or as a soil conditioner as part of an agricultural operation.

Agricultural waste—Poultry and livestock manure, or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur bearing animals, and their products, if the agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting and marketing of agronomic, horticultural and silvicultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands.

Airport—Public airport, as defined in 67 Pa. Code § 471.2 (relating to definitions).

(i)—The term includes military airports.

(ii)—The term does not include heliports.

Alternative groundwater protection standard—A risk-based remediation standard for substances that have no primary MCLs under the Federal and State Safe Drinking Water Acts (42 U.S.C.A. § § 300f—300j-18; and 35 P. S. § § 721.1—721.17). For carcinogens, the standard represents a concentration associated with an excess lifetime cancer risk level between 1 x 10^-4 and 1 x 10^-6, including the cumulative risk of all contaminants. For systemic toxicants, the standard represents a concentration to which the human population, including sensitive subgroups, could be exposed on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime. When several systemic toxicants affect the same target organ or act by the same method of toxicity, the hazard index may not exceed one.

Aluminum—Refers to cans comprised of 100% aluminum.

Aquifer—A geologic formation, group of formations or part of a formation capable of yielding sufficient groundwater for monitoring purposes.

Association—A corporation, partnership, limited liability company, business trust or two or more persons associated in a common enterprise or undertaking.

Attenuating soil—Soil material existing in place or placed beneath solid waste that will provide natural attenuation of leachate emanating from the waste.

Attenuation—A decrease in the maximum concentration or total quantity of an applied chemical or biological constituent of solid waste in a fixed time or distance that results from physical, chemical or biological reactions or transformations.

Autoclave—A pressure vessel in which regulated medical waste is disinfected using high temperature steam, directly or indirectly, to maintain specified temperatures for retention times consistent with the waste being processed.

Autofluff—The residue from the shredding of automobiles, after all fluids have been removed.

Background standard—A numerical value as determined under section 302 of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § 6026.302) and § 250.202 (relating to establishing background concentrations).

Beneficial use—Use or reuse of residual waste or residual material derived from residual waste for commercial, industrial or governmental purposes, where the use does not harm or threaten public health, safety, welfare or the environment, or the use or reuse of processed municipal waste for any purpose, where the use does not harm or threaten public health, safety, welfare or the environment.

Biologicals—Preparations made from living organisms and their products, including vaccines, cultures, and the like, intended for use in diagnosing, immunizing or treating humans or animals or in research pertaining thereto.

Blood products—A product derived from human blood, including blood plasma, serum, platelets, red or white blood corpuscles, licensed products such as interferon and other derived material containing free-flowing blood and blood components.

Body fluids—Liquids emanating or derived from humans and limited to the following: blood; cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; semen and vaginal secretions; and amniotic fluid. The term also includes the following fluids if they contain visible blood: feces, sputum, saliva, urine and vomitus.

Byproduct material—The Federal definition for ‘‘byproduct material’’ in 10 CFR 20.1003 (relating to definitions) is incorporated by reference.

Chemotherapeutic waste—Waste resulting from the production or use of antineoplastic agents used for the purpose of inhibiting or stopping the growth of malignant cells or killing malignant cells. The term does not include waste containing antineoplastic agents that are hazardous wastes under Chapter 261a (relating to identification and listing of hazardous waste) and 40 CFR Part 261 (relating to identification and listing of hazardous waste) to the extent that Part 261 is incorporated in § 261a.1 (relating to incorporation by reference, purpose and scope).

Clean fill—Uncontaminated, nonwater-soluble, nondecomposable inert solid material used to level an area or bring the area to grade. The term does not include material placed into or on waters of this Commonwealth.

Closure—The date on which a municipal waste processing or disposal facility permanently ceases to accept waste, and access is limited to activities necessary for postclosure care, maintenance and monitoring.

Closure certification—A written document attested to by a corporate official that states that a landfill has permanently ceased accepting waste and access has been limited to activities necessary for postclosure care, maintenance and monitoring.

Collateral bond—A penal bond agreement in a sum certain, payable to the Department, executed by the operator and supported by the deposit with the Department of cash, negotiable bonds of the United States, the Commonwealth, the Turnpike Commission, the General State Authority, the State Public School Building Authority or a Commonwealth municipality, Commonwealth bank automatically renewable and assignable certificates of deposit or irrevocable and standby Commonwealth bank letters of credit.

Collection contractor—The definition from section 203 of the Small Business and Household Pollution Prevention Program Act (35 P. S. § 6029.203) is incorporated by reference.

Collection event—The definition from section 203 of the Small Business and Household Pollution Prevention Program Act is incorporated by reference.

Commercial establishment—An establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.

Commercial regulated medical or chemotherapeutic waste facility—A facility that processes regulated medical or chemotherapeutic waste under either of the following conditions:

(i) The facility does not generate any of the regulated medical or chemotherapeutic waste that it processes.

(ii) If the facility generates the regulated medical or chemotherapeutic waste that it processes, the amount of waste on a monthly average that is generated onsite and offsite by wholly-owned generators of the facility is less than 50% of the waste that it processes.

Community activities—Events sponsored in whole or in part by a municipality, or conducted within a municipality and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.

Composting—The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.

Composting facility—A facility using land for processing of municipal waste by composting. The term includes land thereby affected during the lifetime of the operations, including, but not limited to, areas where composting actually occurs, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated onsite or contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The term does not include a facility for composting residential municipal waste that is located at the site where the waste was generated.

Composting pad—An area within a general composting facility where compost or solid waste is processed, stored, loaded or unloaded.

Conditionally exempt small quantity generator—A generator of hazardous waste generating in a calendar month less than 100 kg of nonacute hazardous waste, and less than 1 kg per month of acutely hazardous wastes under 40 CFR 261.31, 261.32 or 261.33(e) (relating to hazardous wastes from non-specific sources; hazardous wastes from specific sources; and discarded commercial chemical products, off-specification species, container residues, and spill residues thereof), incorporated in § 261a.1 or a total of 100 kg of residue or contaminated soil waste, or other debris resulting from the cleanup of a spill, into or on land or waters of this Commonwealth, of acute hazardous waste listed in 40 CFR 261.31, 261.32 or 261.33(e), incorporated in § 261a.1.

Construction/demolition waste—Solid waste resulting from the construction or demolition of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term does not include the following if they are separate from other waste and are used as clean fill:

(i) Uncontaminated soil, rock, stone, gravel, brick and block, concrete and used asphalt.

(ii) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.

Construction/demolition waste landfill—A facility using land exclusively for the disposal of construction/demolition waste. The term includes land affected during the lifetime of the operations, including, but not limited to, areas where disposal activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated onsite or contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to the operation of the facility.

Construction material—The engineered use of municipal waste as a substitute for a raw material or a commercial product in a construction activity, if the waste has the same engineering characteristics as the raw material or commercial product for which it is substituting. The term includes the use of municipal waste as a road bed material, for pipe bedding and in similar operations. The term does not include valley fills, the use of municipal waste to fill open pits from coal or other fills or the use of municipal waste solely to level an area or bring the area to grade when a construction activity is not completed promptly after the placement of the solid waste.

Container—A portable device in which waste is held for storage or transportation.

Corrugated paper—A structural paper material with an inner core shaped in rigid parallel furrows and ridges.

Department—The Department of Environmental Protection of the Commonwealth, and its authorized representatives.

Disinfection—The treatment or processing of regulated medical waste so that it poses no risk of infection or other health risk to individuals handling or otherwise coming into contact with the waste. The term includes autoclaving; dry heat, gas or chemical disinfection; radiation and irradiation; and incineration.

Disposal—The 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.

Disposal area—The part of the site where disposal is occurring or will occur.

Dredged material—Material dredged or excavated from waters for the direct or indirect purpose of establishing or increasing water depth, or increasing the surface or cross-sectional area of a waterway and which includes sediment, soil, mud, shells, gravel or other aggregate. The material does not include waste removed or dredged from an impoundment that has received solid waste.

EPA—The United States Environmental Protection Agency.

Eligible entity—The definition from section 203 of the Small Business and Household Pollution Prevention Program Act is incorporated by reference.

Environmental protection acts—The act, The Clean Streams Law (35 P. S. § § 691.1—691.1001), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.101—4000.1904), the Hazardous Sites Cleanup Act (35 P. S. § § 6020.101—6020.1305), the Low-Level Radioactive Waste Disposal Act (35 P. S. § § 7130.101—7130.905), the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. § § 6019.1—6019.6), known as the Infectious and Chemotherapeutic Waste Disposal Law, the Air Pollution Control Act (35 P. S. § § 4001—4015), the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19b), the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § § 3301—3326), the Dam Safety and Encroachments Act (32 P. S. § § 693.1—693.27), and other State or Federal statutes relating to environmental protection or the protection of public health, including statutes adopted or amended after April 9, 1988.

Environmental Stewardship and Watershed Protection Act—27 Pa.C.S. § § 6101—6113.

FAA—The Federal Aviation Administration of the United States Department of Transportation.

Facility—Land, structures and other appurtenances or improvements where municipal waste disposal, processing or beneficial use is permitted or takes place.

Feasibility study—A study which analyzes a specific municipal waste processing, recycling or disposal system to assess the likelihood that the system can be successfully implemented, including, but not limited to, an analysis of the prospective market, the projected costs and revenues of the system, the municipal waste stream that the system will rely upon and various options available to implement the system.

Final closure—The date after which no further treatment, maintenance or other action is or will be necessary at a municipal waste processing or disposal facility to ensure compliance with the act and this article.

Free liquids—Liquids which readily separate from the solid portion of waste under ambient temperature and pressure.

Friable asbestos containing waste—Waste containing more than 1% asbestos by weight that hand pressure can crumble, pulverize or reduce to powder when dry. The term also includes nonfriable asbestos containing waste which is rendered friable during management.

General composting facility—A composting facility other than an individual backyard composting facility or yard waste composting facility operating under § 271.103(h) (relating to permit-by-rule for municipal waste processing facilities other than for regulated medical or chemotherapeutic waste; qualifying facilities; general requirements).

General permit—Except as provided in Subchapter J (relating to beneficial use of sewage sludge by land application), a regional or Statewide permit issued by the Department for a specified category of beneficial use or processing of solid waste, the terms and conditions of which allow an original applicant, a registrant and a person or municipality that obtains a determination of applicability, to operate under the permit if the terms and conditions of the permit and certain requirements of this article are met.

Generator—A person or municipality that produces or creates a municipal waste.

Groundwater—Water beneath the surface of the ground that exists in a zone of saturation.

Groundwater degradation—A measurable increase in the concentration of one or more contaminants in groundwater above background concentrations for those contaminants.

Hazardous waste—Garbage, refuse or sludge from an industrial or other waste water treatment plant; sludge from a water supply treatment plant or air pollution control facility; and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities; or a combination of the above, which because of its quantity, concentration or physical, chemical or infectious characteristics may do one of the following:

(i) Cause or significantly contribute to an increase in mortality or increase in morbidity in either an individual or the total population.

(ii) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act (52 P. S. § § 30.51—30.101).The term does not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under The Clean Streams Law (35 P. S. § § 691.1—691.1001). The term does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341) or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. § § 2011—2284).

High grade office paper—Bond, copier, letterhead or mimeograph paper typically sold as ‘‘white ledger’’ paper; and computer paper.

Highly virulent diseases—Diseases derived from Class IV etiologic agents, as defined by the Centers for Disease Control, United States Department of Health and Human Services. Information about Class IV etiologic agents may be obtained from CDC-NIH Biosafety, Microbiological and Biomedical Laboratories Centers for Disease Control, 1600 Clifton Road, N. E., Atlanta, Georgia 30333.

Home self-care—The provision of medical care in the home setting (for example, private residents) through either self-administration practices or by a family member or other person.

Household hazardous waste—

(i) Waste generated by a household that could be chemically or physically classified as a hazardous waste under the standards of Article VII (relating to hazardous waste management).

(ii) For the purpose of this definition, the term ‘‘household’’ includes those places described as ‘‘households’’ in 40 CFR 261.4(b)(1) (relating to exclusions).

Incineration—The act of reducing to ashes by combustion.

Incinerator—An enclosed device using controlled combustion for the primary purpose of thermally breaking down solid waste, and which is equipped with a flue as defined in § 121.1 (relating to definitions).

Incorporating—Injecting sludge beneath the surface of the soil or mixing sludge with the surface soil.

Industrial establishment—An establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.

Infectious agent—

(i) An organism, such as a virus or bacteria, that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.

(ii) The term does not include agents classified as Biosafety Level 1 by a facility engaged in the production or research and development of vaccines or other biologics classified under the North American Industrial Classification System (NAICS) as Code 325414—Biological Product (except Diagnostic) Manufacturing or Code 541711—Research and Development in Biotechnology, as determined by the protocols established in the most recent edition of the Centers for Disease Control’s (CDC) Biosafety in Microbial and Biomedical Laboratories (BMBL) existing at the time the waste is generated.

Infectious waste—

(i) General. Municipal and residual waste which is generated in the diagnosis, treatment, immunization or autopsy of human beings or animals, in research pertaining thereto, in the preparation of human or animal remains for interment or cremation, or in the production or testing of biologicals, and which falls under one or more of the following categories:

(A) Cultures and stocks. Cultures and stocks of infectious agents and associated biologicals, including the following:

(I) Cultures from medical and pathological laboratories.

(II) Cultures and stocks of infectious agents, and cell lines that have been exposed to infectious agents from research and industrial laboratories.

(III) Wastes from the production of biologicals.

(IV) Discarded live and attenuated vaccines except for residue in emptied containers, as determined by applying the criteria in 40 CFR 261.7(b)(1) or (2) (relating to residues of hazardous waste in empty containers) to the residue remaining in the container.

(V) Culture dishes, assemblies and devices used to conduct diagnostic tests or to transfer, inoculate and mix cultures.

(B) Pathological wastes. Human pathological wastes, including tissues, organs and body parts and body fluids that are removed during surgery, autopsy, other medical procedures or laboratory procedures. The term does not include hair, nails or extracted teeth.

(C) Human blood and body fluid waste.

(I) Liquid waste human blood.

(II) Blood products.

(III) Items saturated or dripping with human blood.

(IV) Items that were saturated or dripping with human blood that are now caked with dried human blood, including serum, plasma and other blood components, which were used or intended for use in patient care, specimen testing or the development of pharmaceuticals.

(V) Intravenous bags that have been used for blood transfusions, including soft plastic pipettes and plastic blood vials.

(VI) Items, including dialysate, that have been in contact with the blood of patients undergoing hemodialysis at hospitals or independent treatment centers.

(VII) Items saturated or dripping with body fluids or caked with dried body fluids from persons during surgery, autopsy, other medical procedures or laboratory procedures.

(VIII) Specimens of blood products or body fluids, and their containers.

(D) Animal wastes. Contaminated animal carcasses, body parts, blood, blood products, secretions, excretions and bedding of animals that were known to have been exposed to zoonotic infectious agents or nonzoonotic human pathogens during research, production of biologicals, or testing of pharmaceuticals.

(E) Isolation wastes. Biological wastes and waste contaminated with blood, excretion, exudates or secretions from:

(I) Humans who are isolated to protect others from highly virulent diseases.

(II) Isolated animals known or suspected to be infected with highly virulent diseases.

(F) Used sharps.

(I) Broken glass, hypodermic needles, syringes to which a needle is or can be attached, razors, pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, culture dishes, suture needles, slides, cover slips, and other broken or unbroken glass or plasticware that have been in contact with infectious agents or that have been used in animal or human patient care or treatment.

(II) The term does not include broken or unbroken plasticware generated at facilities engaged in the production or research and development of vaccines or other biologics and classified under the NAICS as Code 325414—Biological Product (except Diagnostic) Manufacturing or Code 541711—Research and Development in Biotechnology, where no agent in the waste is classified as Biosafety Levels 2—4 as determined by the protocols established in the most recent edition of the CDC’s BMBL existing at the time the waste is generated.

(ii) Mixtures.

(A) The term also includes materials identified under subparagraph (i) that are mixed with municipal and residual waste, including disposable containers.

(B) The term also includes mixtures of materials identified in subparagraph (i) with quantities of radioactive waste not subject to regulation.

(iii) Exceptions. The term does not include the following:

(A) Wastes generated as a result of home self-care.

(B) Human corpses, remains and anatomical parts that are intended for interment or cremation, or are donated and used for scientific or medical education, research or treatment.

(C) Etiologic agents being transported for purposes other than waste processing or disposal under the requirements of the United States Department of Transportation (49 CFR 171.1—171.26 (relating to general information, regulations, and definitions)), the Department of Transportation (67 Pa. Code Part I) and other applicable shipping requirements.

(D) Samples of regulated medical waste transported offsite by Commonwealth or United States government enforcement personnel during an enforcement proceeding.

(E) Body fluids, tissues, specimens or biologicals that are being transported to or stored at a laboratory prior to laboratory testing.

(F) Ash residue from the incineration of materials identified in subparagraphs (i) and (ii) if the incineration was conducted in accordance with § 284.321 (relating to regulated medical waste monitoring requirements). The ash residue shall be managed as special handling municipal waste.

(G) Reusable or recyclable containers or other nondisposable materials, if they are cleaned and disinfected, or if there has been no direct contact between the surface of the container and materials identified in subparagraph (i). Laundry or medical equipment shall be cleaned and disinfected in accordance with the United States Occupational Safety and Health Administration requirements in 29 CFR 1910.1030 (relating to bloodborne pathogens).

(H) Soiled diapers that do not contain materials identified in subparagraph (i).

(I) Mixtures of hazardous waste subject to Article VII and materials identified in subparagraph (i) shall be managed as hazardous waste and not regulated medical waste.

(J) Mixtures of materials identified in subparagraph (i) and regulated radioactive waste shall be managed as radioactive waste in accordance with applicable Commonwealth and Federal statutes and regulations, including § 236.521 (relating to minimum requirements for classes of waste).

(K) Mixtures of materials identified in subparagraph (i) and chemotherapeutic waste shall be managed as chemotherapeutic waste in accordance with this article.

(L) Wastes, mixtures of wastes or cell lines from facilities engaged in the production or research and development of vaccines or other biologics and classified under the NAICS as Code 325414—Biological Product (except Diagnostic) Manufacturing or Code 541711—Research and Development in Biotechnology, where no agent in the waste is classified as Biosafety Levels 2—4 as determined by the protocols established in the most recent edition of the CDC’s BMBL existing at the time the waste is generated.

Institutional establishment—An establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.

Intermittent stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water which, during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges.

Land application—Agricultural utilization or land reclamation of solid waste. The term does not include the disposal of solid waste in a landfill or disposal impoundment.

Land disposal—The land application of sewage sludge for purposes other than agricultural utilization or land reclamation.

Landowner—The person or municipality in whom legal title to the surface of the land is vested.

Land reclamation—The land application of sewage sludge for its plant nutrient value or as a soil conditioner, in order to establish vegetative growth or restore or enhance the soil.

Leachate—A liquid that has permeated through or drained from solid waste.

Leaf composting facility—A facility for composting vegetative material, including leaves, garden residue and chipped shrubbery and tree trimmings. The term does not include a facility that is used entirely or partly for composting grass clippings.

Leaf waste—Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.

Lift—A compacted layer of solid waste upon which daily, intermediate or final cover may be applied.

Liquid waste—A waste that contains free liquids as determined by Method 9095 (paint filter liquids test), as described in the EPA’s ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods’’ (EPA Publication No. SW-846).

MCL—Maximum contaminant level.

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.

Marketed—The transfer of ownership of recyclable materials for the purpose of recycling the materials into a new product or use.

Maximum daily volume—The maximum daily volume limit that is permitted to be received for disposal at the facility on an operating day.

Mine—A deep or surface mine, whether active, inactive or abandoned.

Mining—The process of the extraction of minerals from the earth, from waste or stockpiles or from pits or banks.

Mobile regulated medical waste processing facility—A regulated medical waste processing unit that is moved from one waste generation site to another for the purpose of onsite processing of a generator’s regulated medical waste. The term refers to any processing activity designed to disinfect waste in accordance with § 284.321 to render the waste noninfectious. The term does not include any permanently placed waste processing units.

Municipality—A city, borough, incorporated town, township, county or an authority created by any of the foregoing.

Municipal recycling program—A source separation and collection program for recycling municipal waste or source-separated recyclable materials, or a program for designated drop-off points or collection centers for recycling municipal waste or source-separated recyclable materials, that is operated by or on behalf of a municipality. The term includes a source separation and collection program for composting yard waste that is operated by or on behalf of a municipality. The term does not include a program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.

Municipal waste—Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definition of residual or hazardous waste under this section from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant or air pollution control facility.

Municipal waste disposal or processing facility—A facility using land for disposing or processing of municipal waste. The facility includes land affected during the lifetime of operations, including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated onsite or contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility.

Municipal waste landfill—A facility using land for disposing of municipal waste. The facility includes land affected during the lifetime of operations including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated onsite and contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The term does not include a construction/demolition waste landfill or a facility for the land application of sewage sludge.

Municipal waste management plan—A comprehensive plan for an adequate municipal waste management system in accordance with Chapter 272, Subchapter C (relating to municipal waste planning).

Municipal Waste Planning, Recycling and Waste Reduction Act—53 P. S. § § 4000.101—4000.1904.

NARM—Naturally occurring or accelerator-produced radioactive material. The term does not include byproduct, source or special nuclear material.

NORM—Naturally occurring radioactive material. A nuclide which is radioactive in its natural physical state—that is, not manmade—but does not include source or special nuclear material.

NPDES—National Pollutant Discharge Elimination System.

Normal farming operations—The customary and generally accepted activities, practices and procedures that farms adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products; and in the production, harvesting and preparation for market of agricultural, agronomic, horticultural, silvicultural and aquicultural crops and commodities; if the operations are conducted in compliance with applicable laws, and if the use or disposal of these materials will not pollute the air, water or other natural resources of this Commonwealth. The term includes the storage and utilization of agricultural and food process wastes for animal feed, and the agricultural utilization of septic tank cleanings and sewage sludges which are generated offsite. The term also includes the management, collection, storage, transportation, use or disposal of manure, other agricultural waste and food processing waste on land where the materials will improve the condition of the soil, the growth of crops or in the restoration of the land for the same purposes.

Occupied dwelling—A permanent building or fixed mobile home that is currently being used on a regular or temporary basis for human habitation.

Onsite—The same or geographically contiguous property owned or leased or used by a generator or waste management facility, which may be divided by public or private right-of-way, if the entrance and exit between the properties is at a crossroads intersection, and access is by crossing, as opposed to going along the right-of-way. Noncontiguous properties owned or leased by the same person or municipality but connected by a right-of-way under the control of the person or municipality and to which the public does not have access, are also considered onsite property. A facility that does not meet the requirements of this definition is an offsite facility.

Operate—To construct a municipal waste management facility in anticipation of receiving solid waste for the purpose of processing or disposal; to receive, process or dispose of solid waste; to carry on an activity at the facility that is related to the receipt, processing or disposal of waste or otherwise affects land at the facility; to conduct closure and postclosure activities at a facility.

Operator—A person or municipality that operates a municipal waste processing or disposal facility.

Owner—The person or municipality who is the owner of record of a facility or part of a facility.

PCB containing waste—Solid waste containing PCBs in the following concentrations:

(i) More than 4 parts per million, but less than 50 parts per million.

(ii) Fifty parts per million or more, if the following are met:

(A) Regulations promulgated under the Toxic Substances Control Act (15 U.S.C.A. § § 2601—2629) provide that the waste may be disposed of as municipal solid waste.

(B) The waste is not a hazardous waste under the act.

(C) The Resource Conservation and Recovery Act (42 U.S.C.A. § § 6901—6991) does not impose specific standards or requirements for the disposal of the waste.

Pennsylvania Used Oil Recycling Act—58 P. S. § § 471—480.

Perched aquifer—An aquifer that is separated from an underlying aquifer by an unsaturated zone.

Perched water table—The water table in a perched aquifer.

Perennial stream—A body of water flowing in a channel or bed composed of substrates associated with flowing waters and capable, in the absence of pollution or other manmade disturbances, of supporting a benthic macroinvertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by United States Standard No. 30 sieve (28 meshes per inch, 0.595 mm openings) and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.

Permit—A permit issued by the Department to operate a municipal waste disposal or processing facility, or to beneficially use municipal waste. The term includes a general permit, permit-by-rule, permit modification, permit reissuance and permit renewal.

Permit area—The area of land and water within the boundaries of the permit, which is designated on the permit application maps as approved by the Department. The area includes the areas which are or will be affected by the municipal waste processing or disposal facility.

Permit-by-rule—A permit which a person or municipality is deemed to have for the operation of a facility or an activity upon compliance with § 271.102 or § 271.103 (reserved).

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 another legal entity which is recognized by law as the subject of rights and duties. In the provisions of this article pertaining to a fine or penalty, the term includes the officers and directors of a corporation or other legal entity having officers and directors.

Plan revision—A change that affects the contents, terms or conditions of a Department approved plan under the Municipal Waste Planning, Recycling and Waste Reduction Act.

Pollution—Contamination of air, water, land or other natural resources of this Commonwealth that will create or is likely to create a public nuisance or to render the air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.

Postclosure—Activities after closure which are necessary to ensure compliance with the act and this article, including application of final cover, grading and revegetation; groundwater, surface water and gas monitoring; erosion control and gas control; leachate treatment, and abatement of pollution or degradation to land, water, air or other natural resources.

Postconsumer material—A product generated by a business or consumer which has served its intended end use, and which has been separated or diverted from solid waste for the purposes of collection, recycling and disposition. The term includes industrial byproducts that would otherwise go to disposal or processing facilities. The term does not include internally generated scrap that is commonly returned to industrial or manufacturing processes.

Principal shareholder—A person or municipality that owns, holds or controls at least 5% of the stock of a publicly held corporation or at least 10% of the stock of a privately held corporation.

Processing—Technology used for the purpose of reducing the volume or bulk of municipal or residual waste or technology used to convert part or all of the waste materials for offsite reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities and resource recovery facilities.

Project development—Activities required to be conducted prior to constructing a processing or disposal facility that have been shown to be feasible, including, but not limited to, public input and participation, siting, procurement and vendor contract negotiations, and market and municipal waste supply assurance negotiations.

Radioactive material—A substance which spontaneously emits alpha or beta particles or photons (gamma radiation) in the process of decay or transformation of the atom’s nucleus.

Reasonable expansion—A municipal waste landfill that meets the following:

(i) The facility represents growth of an existing permitted municipal waste landfill to land which is contiguous to the existing landfill.

(ii) The contiguous land meets one of the following:

(A) The land is owned in fee by the owner of the municipal waste landfill.

(B) The land is subject to an irrevocable option exercisable within 1 year of one of the following:

(I) If the land is located in a county that will be submitting a plan under § 272.211(a) (relating to general requirement), the date that the first written notice of plan development is given under § 272.203 (relating to notice to municipalities).

(II) If the land is located in a county that had a plan approved under § 272.211(b), the date that the first written notice of proposed revision of the approved plan is given under § 272.203.

(iii) The contiguous land contains the same geological features as are present at the existing municipal waste landfill.

(iv) A complete permit application for the expansion is filed with the Department within 1 year of one of the following:

(A) If the land is located in a county that will be submitting a plan under § 272.211(a), the date that the first written notice of plan development is given under § 272.203.

(B) If the land is located in a county that had a plan approved under § 272.111(b), the date that the first written notice of proposed revision of the approved plan is given under § 272.203.

Recycling—The collection, separation, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed or processed as municipal waste.

Recycling facility—A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reuseable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term does not include transfer facilities, municipal waste landfills, composting facilities or resource recovery facilities.

Recycling Fund—The fund established under section 706 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.706).

Regional groundwater table—The fluctuating upper water level surface of an unconfined or confined aquifer, where the hydrostatic pressure is equal to the ambient atmospheric pressure. The term does not include the perched water table or the seasonal high water table.

Regulated medical or chemotherapeutic waste aggregation facility—A facility that accepts, aggregates or stores regulated medical or chemotherapeutic waste, or both.

Regulated medical waste—Infectious waste.

Related party—A person or municipality engaged in solid waste management that has a financial relationship to a permit applicant or operator. The term includes a partner, associate, officer, parent corporation, subsidiary corporation, contractor, subcontractor, agent or principal shareholder of another person or municipality, or a person or municipality that owns land on which another person or municipality operates a municipal waste processing or disposal facility.

Remaining available permitted capacity—The remaining permitted capacity that is actually available for processing or disposal to the county or other municipality that generated the waste.

Remaining permitted capacity—The weight or volume of municipal waste that can be processed or disposed of at an existing municipal waste processing or disposal facility. The term includes weight or volume capacity for which the Department has issued a permit under the act. The term does not include a facility that the Department determines, or has determined, has failed and continues to fail to comply with the act, the regulation thereunder, an order issued thereunder or permit conditions.

Remediation standards—Background, MCLs, site-specific, Statewide health and alternative groundwater protection standards as those terms are defined under this article.

Residential septage—Liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives only waste or wastewater from humans or household operations. The term includes processed residential septage from a residential septage treatment facility. The term does not include liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant.

Residual waste—Garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations; and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, if it is not hazardous. The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act (52 P. S. § § 30.51—30.66). The term does not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under The Clean Streams Law (35 P. S. § § 691.1—691.1001).

Resource recovery facility—

(i) A processing facility that provides for the extraction and utilization of materials or energy from municipal waste.

(ii) The term includes a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy and a chemical and biological process that converts municipal waste into a fuel product.

(iii) The term includes a facility for the combustion of municipal waste that is generated offsite, whether or not the facility is operated to recover energy.

(iv) The term includes land affected during the lifetime of operations, including, but not limited to, areas where processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated onsite or contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility.

(v) The term does not include:

(A) A composting facility.

(B) Methane gas extraction from a municipal waste landfill.

(C) A separation and collection center, drop-off point or collection center for recycling, or a source separation or collection center for composting leaf waste.

(D) A facility, including all units in the facility, with a total processing capacity of less than 50 tons per day.

Risk-based standard—A risk-based abatement standard for substances that have no MCLs under the Federal and State Safe Drinking Water Acts.

(i) For carcinogens the standard represents a concentration associated with an excess lifetime cancer risk level between 1 x 10^-4 and 1 x 10^-6, including the cumulative risk of all contaminants and represents a concentration associated with an excess cancer risk level of 1 x 10^-5 at the property boundary of a municipal waste facility.

(ii) For systemic toxicants, the standard represents a concentration to which the human population, including sensitive subgroups, could be exposed on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime.

(iii) When several systemic toxicants affect the same target organ or act by the same method of toxicity, the hazard index may not exceed one.

Salvaging—The controlled removal or recycling of material from a solid waste processing or disposal facility.

Seasonal high water table—The minimum depth from the soil surface at which redoximorphic features are present in the soil.

Secondary contaminant—A substance for which a secondary MCL exists, and no lifetime health advisory level exists.

Sewage sludge—Liquid or solid sludges and other residues from a municipal sewage collection and treatment system; and liquid or solid sludges and other residues from septic and holding tank pumpings from commercial, institutional or residential establishments. The term includes materials derived from sewage sludge. The term does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of sewage sludge at a municipal sewage collection and treatment system, or grit, screenings and nonorganic objects from septic and holding tank pumpings.

Site—The area where municipal waste processing or disposal facilities are operated. If the operator has a permit to conduct the activities, and is operating within the boundaries of the permit, the site is equivalent to the permit area.

Site-specific standard—A numerical value as determined under section 304 of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § 6026.304) and Chapter 250, Subchapter F (relating to exposure and risk determinations).

Small business—A commercial establishment producing hazardous waste in amounts not regulated under the Resources Conservation and Recovery Act of 1976 (42 U.S.C.A. § § 6901—6986). For acutely hazardous wastes under 40 CFR 261.33, incorporated in § 261a.1, the term means commercial establishments producing less than 220 pounds per calendar month. For all other hazardous wastes, the term means commercial establishments producing less than 2,200 pounds per calendar month.

Small Business and Household Pollution Prevention Program Act—35 P. S. § § 6029.201—6029.209.

Soil additive or soil substitute—Municipal waste which is beneficially used at specified loading or application rates, to replace soil that was previously available at the site, to enhance soil properties or to enhance plant growth. The term does not include structural fills, construction material, valley fills or the use of municipal waste to fill open pits from coal or noncoal mining or the disposal of coal ash.

Soil mottling—Irregularly marked spots in the soil profile that vary in color, size and number.

Solid waste—Waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.

Solid Waste Abatement Fund—The fund established under section 701 of the act (35 P. S. § 6018.701).

Source material—The Federal definition for ‘‘source material’’ in 10 CFR 20.1003 is incorporated by reference.

Source reduction—The reduction or elimination of the quantity or toxicity of residual waste generated, which 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 or the use or reuse of waste.

Source separated recyclable materials—Materials that are separated from municipal waste at the point of origin for the purpose of recycling. The term is limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, plastics and other marketable grades of paper.

Special handling waste—Solid waste that requires the application of special storage, collection, transportation, processing or disposal techniques due to the quantity of material generated or its unique physical, chemical or biological characteristics. The term includes dredged material, sewage sludge, regulated medical waste, chemotherapeutic waste, ash residue from a solid waste incineration facility, friable asbestos-containing waste, PCB-containing waste and waste oil that is not hazardous waste.

Special nuclear material—The Federal definition for ‘‘special nuclear material’’ in 10 CFR 20.1003 is incorporated by reference. The term ‘‘Commission’’ refers to the Nuclear Regulatory Commission. The term ‘‘act’’ refers to the Atomic Energy Act of 1954 (42 U.S.C.A. § § 2011—2297h-13). The term ‘‘Department’’ shall be substituted for the term ‘‘Commission’’ when the Department assumes Agreement State Status from the Nuclear Regulatory Commission.

Sponsor—The definition from section 203 of the Small Business and Household Pollution Prevention Program Act is incorporated by reference.

Stabilized sewage sludge—Sewage sludge that has been treated to reduce odor potential and the number of pathogenic organisms. Treatment methods include anaerobic and aerobic digestion, composting, lime stabilization and chlorine stabilization.

Statewide health standard—A numerical value as determined under section 303 of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § 6026.303) and § 250.304, except for subsection (d), § § 250.305 and 250.308 (relating to MSCs for groundwater; MSCs for soil; and soil to groundwater pathway numeric values).

Storage—The containment of any waste on a temporary basis in such a manner as not to constitute disposal of the waste. It shall 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.

Surety bond—A penal bond agreement in a sum certain, payable to the Department, executed by the operator and a corporation licensed to do business as a surety in this Commonwealth and approved by the Department, and which is supported by the guarantee to payment on the bond by the surety.

TENORM—Technologically Enhanced Naturally Occurring Radioactive Materials. A technologically enhanced naturally occurring radioactive material not subject to regulation under the laws of the Commonwealth or the Atomic Energy Act, whose radionuclide concentrations or potential for human exposure have been increased above levels encountered in the natural state by human activities.

Tank—A stationary containment device which provides its own structural support and is constructed entirely of nonearthen or nonwood materials.

Thermal processing—A method, technique or process, excluding incineration and autoclaving, designed to disinfect regulated medical waste by means of exposure to high thermal temperatures through methods such as ionizing radiation or electric or plasma arc technologies.

Transfer facility—A facility which receives and processes or temporarily stores municipal or residual waste at a location other than the generation site, and which facilitates the transportation or transfer of municipal or residual waste to a processing or disposal facility. The term includes a facility that uses a method or technology to convert part or all of the waste materials for offsite reuse. The term does not include a collecting or processing center that is only for source-separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.

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

Transuranic radioactive material—Material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium and curium.

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

Unrecognizable regulated medical waste—All components of the waste have been processed to produce indistinguishable and unusable pieces smaller than 3/4 inch, except that all used sharps must be smaller than 1/2 inch. The term does not mean compaction or encapsulation except through:

(i) Processes such as thermal treatment or melting, during which disinfection and destruction occur.

(ii) Processes such as shredding, grinding, tearing or breaking, during or after disinfection occurs.

(iii) Processes that melt plastics and fully encapsulate metallic or other used sharps and seals waste completely in a container that will not be penetrated by untreated used sharps.

Used oil—A petroleum-based or synthetic oil which is used in an internal combustion engine as an engine lubricant, or as a product for lubricating motor vehicle transmissions, gears or axles which, through use, storage or handling has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.

Waste—A material whose original purpose has been completed and which is directed to a disposal, processing or beneficial use facility or is otherwise disposed of, processed or beneficially used. The term does not include source separated recyclable materials, material approved by the Department for beneficial use under a beneficial use order issued by the Department prior to May 27, 1997, or material which is beneficially used in accordance with a general permit issued under Subchapter I or Subchapter J (relating to beneficial use; and beneficial use of sewage sludge by land application) if a term or condition of the general permit excludes the material from being regulated as a waste.

Waste oil—Oil refined from crude oil or synthetically produced, used and as a result of the use, contaminated by physical or chemical impurities. The term includes used oil.

Waste reduction—Design, manufacture or use of a product to minimize weight of municipal waste that requires processing or disposal, including, but not limited to:

(i) Design or manufacturing activities which minimize the weight or volume of materials contained in a product, or increase durability or recyclability.

(ii) The use of products that contain as little material as possible, are capable of being reused or recycled or have an extended useful life.

Water source—The site or location of a well, spring or water supply stream intake which is used for human consumption.

Wetlands—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, including swamps, marshes, bogs and similar areas.

Yard waste—Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative material.

Yard waste composting facility—A facility that is used to compost leaf waste, or leaf waste and grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative material. The term includes land affected during the lifetime of the operation, including, but not limited to, areas where composting actually occurs, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated onsite or contiguous collection and transportation activities, and other activities in which the natural surface has been disturbed as a result of or incidental to operation of the facility.

The provisions of this § 271.1 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; corrected March 30, 1990, effective April 9, 1988, 20 Pa.B. 1797; amended September 13, 1991, effective September 14, 1991, 21 Pa.B. 4179; amended July 2, 1992, effective July 4, 1992, 22 Pa. B. 3389; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4185; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547; amended March 21, 2008, effective March 22, 2008, 38 Pa.B. 1357; amended November 7, 2014, effective November 8, 2014, 44 Pa.B. 7021. Immediately preceding text appears at serial pages (333615) to (333616), (274443) to (384449), (272767) to (272776), (284451) to (284452) and (333617) to (333618).

Notation

Notes of Decisions

Permit Area

Under the definition of ‘‘permit area,’’ the areas affected by the 1988 and 1990 solid waste permits were within the permitted areas under the 1978 permit and were exempt. The Environmental Hearing Board correctly concluded that the entire 1988 and 1990 permit areas were part of landfill operations prior to April 9, 1988. Szarko v. Department of Environmental Resources, 668 A.2d 1232 (Pa. Cmwlth. 1995), appeal denied, 683 A.2d 885 (Pa. 1996).

Cross References

This section cited in 7 Pa. Code § 130d.45 (relating to prohibited applications); 25 Pa. Code § 261a.4 (relating to exclusions); 25 Pa. Code § 271.907 (relating to special definitions); and 25 Pa. Code § 287.2 (relating to scope).