Section 250.1. Definitions

In addition to the words and terms defined in the act, the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

ASTM—The American Society for Testing and Materials.

Act—The Land Recycling and Environmental Remediation Standards Act (35 P. S. § § 6026.101—6026.909).

Agricultural purposes—Commercial agricultural activities, including, but not limited to, irrigation of crops, watering of livestock, and food production, processing or packaging.

Anisotropy—The variability of a physical property based on direction, for example, variation in permeability in relation to direction of groundwater flow.

Community water system—As defined in the Pennsylvania Safe Drinking Water Act (35 P. S. § § 721.1—721.17), a public water system, which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

EQL—Estimated quantitation limit—The lowest concentration that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions.

Enterprise zone—An area specially designated as an enterprise zone under requirements determined by the Department of Community and Economic Development.

Environmental covenant—A servitude, as set forth in a document prepared under 27 Pa.C.S. Chapter 65 (relating to Uniform Environmental Covenants Act), arising under an environmental response project which imposes activity and use limitations.

Environmental protection acts—Includes:

(i) The Clean Streams Law (35 P. S. § § 691.1—691.1001).

(ii) The Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4001.101—4001.1904).

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

(iv) The Low-Level Radioactive Waste Disposal Act (35 P. S. § § 7130.101—7130.906).

(v) The act of July 13, 1988 (35 P. S. § § 6019.1—6019.6), known as the Infectious and Chemotherapeutic Waste Disposal Law.

(vi) The Air Pollution Control Act (35 P. S. § § 4001—4015).

(vii) The Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.31).

(viii) The Noncoal Surface Mining Conservation and Reclamation Act (35 P. S. § § 3301—3326).

(ix) The Dam Safety and Encroachments Act (32 P. S. § § 693.1—693.27).

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

(xi) Other State or Federal statutes relating to environmental protection or the protection of public health.

Habitats of concern—A habitat defined as one of the following:

(i) Typical wetlands with identifiable function and value, except for exceptional value wetlands as defined in § 105.17 (relating to wetlands).

(ii) Breeding areas for species of concern.

(iii) Migratory stopover areas for species of concern.

(iv) Wintering areas for species of concern.

(v) Habitat for State endangered plant and animal species.

(vi) Federal, State and local parks and wilderness areas, and areas designated as wild, scenic or recreational.

(vii) Areas otherwise designated as critical or of concern by the Game Commission, the Fish and Boat Commission or the Department of Conservation and Natural Resources.

Heterogeneity—Nonhomogeneous structure, composition and physical properties.

MCL—Maximum contaminant level.

MSC—Medium-specific concentration.

NIR—Notice of Intent to Remediate.

NPDES—National Pollutant Discharge Elimination System—The National system for the issuance of permits under section 402 of the Federal Clean Water Act (33 U.S.C.A. § 1342) including a state or interstate program which has been approved in whole or in part by the EPA.

PQL—Practical quantitation limit—The lowest limit that can be reliably achieved within specified limits of precision and accuracy under routine laboratory conditions for a specified matrix and based on quantitation, precision and accuracy, normal operation of a laboratory and the practical need in a compliance-monitoring program to have a sufficient number of laboratories available to conduct the analyses.

Property—A parcel of land defined by the metes and bounds set forth in the deed for that land.

Regulated discharge—A point or nonpoint source discharge subject to the permit or approval requirements of Chapters 91—96, 97 (reserved) and 102—105 and any diffuse surface or groundwater discharge to surface waters which has the potential to cause an exceedance of the water quality standards in Chapter 93 (relating to water quality standards).

Risk assessment—A process to quantify the risk posed by exposure of a human or ecological receptor to regulated substances. The term includes baseline risk assessment, development of site-specific standards and risk assessment of the remedial alternatives.

SIA—special industrial area—Property where there is no financially viable responsible person to perform remediation or property located within an enterprise zone, and where the property was used for industrial activity.

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

Site—The extent of contamination originating within the property boundaries and all areas in close proximity to the contamination necessary for the implementation of remediation activities to be conducted under the act.

Species of concern—Species designated as of special concern, rare, endangered, threatened or candidate by the Game Commission, the Fish and Boat Commission or the Department of Conservation and Natural Resources, if the species has not also been designated threatened or endangered by the Federal government.

TF—Transfer factor.

Volatile compound—A chemical compound with a boiling point less than 200° centigrade at 1 atmosphere.

The provisions of this § 250.1 amended November 23, 2001, effective November 24, 2001, 31 Pa.B. 6395; amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 230. Immediately preceding text appears at serial pages (285753) to (285755).

Notation

Authority

The provisions of this § 250.1 amended under sections 104(a) and 303(a) of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § § 6026.104(a) and 6026.303(a)).