7 Del. Admin. Code § 1301-3.0
The following words, phrases, and terms as used in these regulations have the meanings given below:
"100 Year Flood" means a flood that has a one percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period.
"Action Leakage Rate" means the quantity of liquid collected from a leak detection system of a double liner system over a specified period of time which, when exceeded, requires certain actions to be taken as described in the Action Leakage Rate response plan approved by the Department.
"Active Life" means the period of operation beginning with the initial receipt of solid waste and ending at the completion of closure activities.
"Active Portion" means that portion of a facility that presently has an operating permit issued by the Department of Natural Resources and Environmental Control.
"Agricultural Waste" means carcasses of poultry or livestock, crop residue, or animal excrement.
"Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding usable quantities of groundwater to wells, springs, or surface water.
"ASTM" means the American Society for Testing and Materials.
"Authorized Representative" means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, landfill manager, superintendent, or person of equivalent responsibility.
"Bottom Ash" means the residue remaining in the bottom of the combustion chamber of an incinerator after the combustion of fuel or waste.
"Buffer Zone" means those on-site areas adjacent to the facility property line which shall be left undeveloped during the active life as well as the inactive life of the facility.
"Bulky Waste" means items whose large size or weight precludes or complicates their handling by normal collection, processing, or disposal methods.
"Cap" or "Capping System" means the material used to cover the top and sides of a sanitary or industrial landfill when fill operations cease.
"Cell" means a discrete engineered area that is designed for the disposal of solid waste and that is a subpart of a landfill.
"Certification" means a statement of professional opinion based upon knowledge and belief.
"CFR" means the Code of Federal Regulations.
"Clay", as a soil separate, means the mineral soil particles less than 0.002 mm in diameter. As a soil textured class, "CLAY" means soil material that is 40% or more clay, less than 45% sand, and less than 40% silt. Clay used as a liner or cap should be classifiable as a CL or CH (Unified Soil Classification System) with a liquid limit between 30 and 60, should place above the A-line on the plasticity chart, and should have a minimum plastic index of 15. A clay liner should have a cation exchange capacity greater than 15 meq/100 grams and be in the neutral pH range.
"Clean Fill" means a non-water-soluble, non-decomposable, environmentally inert solid such as rock, soil, gravel, concrete, broken glass, and/or clay or ceramic products.
"Closed" means a facility that has ceased the management of solid waste (e.g., landfilling, material recovery operations) and the owner or operator has closed in accordance with the approved facility closure plan and all other applicable closure requirements.
"Closed Portion" means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all other applicable closure requirements.
"Closure" means the cessation of operation of a facility or a portion thereof and the act of securing such a facility so that it will pose no significant threat to human health or the environment.
"Closure Plan" means written reports and engineering plans detailing those actions that will be taken by the owner or operator of a facility to effect proper closure of that facility or a portion thereof.
"Coal Combustion Residuals (CCR)" means fly ash, bottom ash, boiler slag, flue gas desulfurization, and other solid wastes generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers.
"Commercial Waste" means solid waste generated by stores, offices, restaurants, warehouses, and other non-manufacturing, non-processing activities.
"Compost" means a product of composting that has been stabilized to a humus-like product, is free of pathogens at an infectious level and of viable plant seeds, that does not attract insects or vectors, can be handled and stored without nuisance, and is beneficial to the growth of plants.
"Composting" means the biological decomposition and stabilization of organic material, under conditions that allow development of thermophilic temperatures as a result of biologically produced heat, to produce a final product that is stable, free of pathogens and viable plant seeds, and can be beneficially applied to the land.
"Composting Facility" means a facility where organic material is processed using composting technology which may include, but is not limited to, physical turning, windrowing, in-vessel composting, or other mechanical handling of organic material.
"Confined Aquifer" means an aquifer containing groundwater which is everywhere at a pressure greater than atmospheric pressure and from which water in a well will rise to a level above the top of the aquifer. A confined aquifer is overlain by material of distinctly lower permeability ("confining bed") than the aquifer.
"Contaminant" means any substance that enters the environment at a concentration that has the potential to endanger human health or degrade the environment.
"Controlling Slopes" means slopes on those areas of a liner that have a direct influence on the maximum leachate head, or slopes that are perpendicular to the collection laterals.
"Daily Cover" means a layer of compacted earth, or other suitable material as approved by the Department, used to enclose a volume of solid waste each working day.
"Department" means The Department of Natural Resources and Environmental Control.
"Dike" means an embankment, berm, or ridge of either natural or man-made materials used to prevent or to control the movement of solids, liquids, sludges, or other materials.
"Discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of a substance into or onto any land, water, or air.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or upon any land or water.
"Disposal Facility" means any facility or portion of a facility at which solid waste is intended to be and/or is intentionally placed into or onto any land and at which solid waste will remain after closure has taken place.
"Double Liner System" means a liner system consisting of two liners with a leachate detection and collection system in between.
"Dry Waste" (formerly called "Inert Solid Waste") means wastes including, but not limited to, plastics, rubber, lumber, trees, stumps, vegetative matter, asphalt pavement, asphaltic products incidental to construction/demolition debris, or other materials which have reduced potential for environmental degradation and leachate production.
"Enclosed by a Building" means a permanent fixed structure surrounded on all sides by four solid walls, a structurally sound roof, and an impermeable floor, with no permanent openings.
"Enclosed by a trailer" means an unaltered, prefabricated metal structure, fully enclosed, sound in construction, and designed for use as a shipping container (e.g., a semi-truck trailer).
"Environmental Assessment" means a detailed and comprehensive description of the condition of all environmental parameters as they exist at and around the site of a proposed action prior to implementation of the proposed action. This description is used as a baseline for assessing the environmental impacts of a proposed action.
"Environmentally Unsound" means characterized by any condition, resulting from the methods of operation or design of a facility, which impairs the quality of the environment when compared to the surrounding background environment or any appropriate promulgated federal, state, county or municipal standard.
"Existing Facility" means a facility which was in operation or for which construction had commenced on or before the date of enactment of these regulations, provided that the facility was being constructed or operated pursuant to all permits and/or approvals required by the Department at the time of enactment. A facility has commenced construction if either:
(1) An on-site physical construction program has begun and is moving toward completion within a reasonable time; or
(2) The owner or operator has entered into contractual obligations which cannot be cancelled or modified without substantial loss for physical construction to be completed within a reasonable time.
"Existing Landfill Cell" means a landfill cell which was in operation or for which construction had commenced on or before the date of enactment of these regulations, provided that the landfill cell was being constructed or operated pursuant to all permits and/or approvals required by the Department at the time of enactment. A landfill cell has commenced construction if either:
(1) An on-site physical construction program has begun and is moving toward completion within a reasonable time; or
(2) The owner or operator has entered into contractual obligations which cannot be cancelled or modified without substantial loss for physical construction to be completed within a reasonable time.
"Expansion" means the process of increasing the areal dimensions, vertical elevations, or slopes beyond the original approved limits of the facility.
"Facility" means all contiguous land, structures, other appurtenances, and improvements on the land, used in resource recovery and/or the treatment, handling, composting, storage, or disposal of solid waste. A facility may consist of several operational units (e.g., one or more landfills, cells, incinerators, compactors, or combinations thereof).
"Final Cover" means the material used to cover the top and sides of a landfill cell when fill operations cease.
"Flood Plain" means the lowland and relatively flat areas adjoining inland and coastal waters, that are inundated by the 100 YEAR FLOOD.
"Fly Ash" means a powdery residue resulting from the combustion of fuel or waste and captured by air pollution control equipment prior to exiting the smokestack.
"Free Liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure, using any or all of the following tests: EPA Paint Filter Test; EPA Plate Test; EPA Gravity Test.
"Garbage" means any putrescible solid and semisolid animal and/or vegetable wastes resulting from the production, handling, preparation, cooking, serving, or consumption of food or food materials.
"Generation" means the act or process of producing solid waste.
"Generator" means the producer or the source of the solid waste.
"Geomembrane" means a prefabricated continuous sheet of flexible polymeric or geosynthetic material.
"Gross Vehicle Weight Rating (GVWR)" or gross vehicle weight, means the value specified by the manufacturer as the loaded weight of a single vehicle.
"Groundwater" means any water naturally found under the surface of the earth in a zone of saturation.
"Hazardous Waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating irreversible, illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Without limitation, included within this definition are those hazardous wastes described in Sections 261.31, 261.32, and 261.33 of Delaware's Regulations Governing Hazardous Waste (DRGHW).
"Household Waste" means any solid waste 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" means the capacity to transmit water through a permeable medium (i.e., the coefficient of permeability). It is expressed as the volume of water that will move in a unit of time under a unit hydraulic gradient through a unit area.
"Impermeable" means having a hydraulic conductivity equal to or less than 1 x 10-7 cm/sec as determined by field and laboratory permeability tests made according to standard test methods which may be correlated with soil densification as determined by compaction test.
"Industrial Landfill" means a land site at which industrial waste is deposited on or into the land as fill for the purpose of permanent disposal, except that it will not include any facility that has been approved for the disposal of hazardous waste under the Delaware Regulations Governing Hazardous Waste.
"Industrial Waste" means any water-borne liquid, gaseous, solid, or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development of any agricultural or natural resource.
"Infectious Waste": see Section 11.0 - Special Wastes Management, Part 1 - Infectious Waste, subsection 11.3 for additional definitions pertaining to infectious waste.
"Institutional Waste" means solid waste that is generated by institutional enterprises such as social, charitable, educational, and government services and that is similar in nature to household waste.
"Intermediate Cover" means a layer of compacted earth, or other suitable material as approved by the Department, applied to a partially completed landfill.
"Landfill" means a natural topographic depression and/or man-made excavation and/or diked area, formed primarily of earthen materials, which has been lined with man-made and/or natural materials or remains unlined and which is designed to hold an accumulation of solid wastes.
"Landfill Cell Boundary" means an imaginary vertical surface located at the hydraulically downgradient limit of the cell. This imaginary vertical surface extends down into the uppermost aquifer.
"Leachate" means liquid that has passed through, contacted, or emerged from solid waste and contains dissolved, suspended, or miscible materials, chemicals, and microbial waste products removed from the solid waste.
"Lift" means a completed series of compacted layers within a cell.
"Liner" means a continuous layer of impermeable material beneath and on the sides of a landfill or landfill cell.
"Liquid Waste" means a waste that contains less than 20 percent solids or releases free liquids.
"Local Agency" means any special district, authority, municipality, county, or any other political subdivision.
"Marketplace" means a person or persons that utilize the majority, if not all, of the recyclable materials it receives to produce a marketable product. Incinerators, landfills, and other methods of disposal are disqualified as an acceptable marketplace.
"Materials Recovery Facility" means a facility at which materials, other than source separated materials, are recovered from solid waste for recycling or for use as an energy source.
"Municipal Solid Waste" means household waste and solid waste that is generated by commercial, institutional, and industrial sources and is similar in nature to household waste.
"Municipal Solid Waste Ash" means the ash resulting from the combustion of municipal solid waste in a thermal recovery facility.
"New Industrial Landfill Cell" means any industrial solid waste landfill unit which has not received waste prior to the effective date of these regulations. See Existing Landfill Cell definition.
"New Sanitary Landfill Cell" means any municipal solid waste landfill unit which has not received waste prior to the effective date of these regulations. "Sanitary Landfill Cell" has the same meaning as "Municipal Solid Waste Landfill Unit" in the RCRA Subtitle D ( 40 CFR Part 258 ) Regulations.
"New Solid Waste Facility" means a facility which was not in operation or for which construction had not commenced on or before the date of enactment of these regulations.
"Non-commercial capacity" means not for a profit; receiving a reimbursement, monetary or otherwise; or receiving other compensation.
"On-site" means on the same or geographically contiguous property which may be divided by public or private right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which the owner controls and to which the public does not have access are also considered on-site property.
"Open Burning" 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.
"Operator" means the person responsible for the overall operation of a solid waste facility.
"Owner" means the person who owns a facility or any part of a facility.
"Paper bag" means a bag provided at check-out made of paper that meets all of the following requirements:
a. Is one hundred percent (100%) recyclable and contains a minimum of forty percent (40%) postconsumer recycled material;
b. Is accepted for recycling;
c. Has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of postconsumer recycled material used;
d. Displays the word "Recyclable" and "Reusable" in a highly visible manner on the outside of the bag; and
e. Does not contain plastic lining or plastic handles.
"Passenger Tire Equivalent" means a conversion measurement using the assumption that one passenger car tire is equal to 25 pounds. A tire weighing more than 25 pounds shall be evaluated by dividing its total weight by 25 pounds to equal the number of PTEs.
"Perched Water " or "Perched Water Table" means a subsurface, discontinuous saturated lense with unsaturated conditions existing both above and below; typically due to the existence of a horizontal, low-permeability layer in a relatively high-permeability formation that captures and contains the downward percolating groundwater.
"Permittee" means a person holding a permit issued by the Department pursuant to this regulation.
"Person" means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation), association, state, municipality, commission, political subdivision of a state, any interstate body, company, society, or any organization of any form.
"Personnel" or "Facility Personnel" means all persons who are trained to work at, or oversee the operations of, a solid waste facility, and whose actions or failure to act may result in noncompliance with the requirements of Delaware's Solid Waste Regulations or other regulations under the jurisdiction of the State of Delaware.
"Plastic carryout bag" means a plastic carryout bag provided by a store to a customer at the point of sale made from plastic and not specifically designed and manufactured to be reusable.
"Post-Closure Care" means maintenance and long-term monitoring of, and financial responsibility for, a closed facility.
"Professional Engineer" means an individual who is currently licensed by the State of Delaware to practice one or more disciplines of engineering and who is qualified by education, technical knowledge, and experience to make the specific technical certifications required.
"Professional Geologist" means an individual who is currently licensed by the State of Delaware to practice one or more disciplines of geology and who is qualified by education, technical knowledge, and experience to make the specific technical certifications required.
"Prudent or practical" means:
a) Tread depth shall not be less than 2/32 of an inch deep;
b) Free from chunking, bumps, knots, or bulges evidencing cord, ply, or tread separation from the casing or other adjacent materials; and
c) Tire cords or belting materials shall not be exposed, either to the naked eye or when cuts or abrasions on the tire are probed.
"Qualified Person" means a person or persons trained to recognize specific appearances of structural weakness and other conditions which are disrupting or have the potential to disrupt the operation or safety at Solid Waste Facilities (e.g., landfills) by visual observations and, if applicable, to monitor instrumentation.
"Recharge Area" means the total surficial area of land surface where the movement of water downward from the land surface through the unsaturated zone to the saturated zone or water table occurs; and has a discharge point (or zone) which specifically defines the area of surface water capture.
"Recognized and Generally Accepted Good Engineering Practices" means engineering maintenance or operation activities based on established coded, widely accepted standards, published technical reports, or a practice widely recommended throughout the industry. Such practices generally detail approved ways to perform specific engineering, inspection, or mechanical integrity activities.
"Recyclable Material" means a solid waste that exhibits the potential to be used repeatedly in place of a virgin material.
"Recycling" means the process by which recyclable materials, which would otherwise be disposed of as solid waste, are returned to the economic mainstream in the form of raw materials or products.
"Refuse" means any putrescible or nonputrescible solid waste, except human excreta, but including garbage, rubbish, ashes, street cleanings, dead animals, scrap tire(s), offal and solid agricultural, commercial, industrial, hazardous and institutional wastes, and construction wastes.
"Regulated Medical Waste": see Section 11.0 - Special Wastes Management, Part 1 - Infectious Waste, subsection 11.3 for additional definitions pertaining to Regulated Medical / Infectious Waste.
"Representative Sample" means a sample of a universe or whole (e.g., waste pile, lagoon, and groundwater) which can be expected to exhibit the average properties of the universe or whole.
"Resource Recovery" means the process by which materials, excluding those under control of the Nuclear Regulatory Commission, which still have useful physical or chemical properties after serving a specific purpose, are reused or recycled for the same or another purpose, including use as an energy source.
"Resource Recovery Facility" means a facility that is either a Materials Recovery Facility or a Thermal Recovery Facility.
"Retail space" means total space within a store, leased or owned, for the purposes of promoting, selling, or distributing goods and services to consumers.
"Reusable bag" means a fabric or plastic carryout bag which meets all of the following requirements:
a. Is either a bag made of cloth or other fabric that has handles or is a durable plastic bag with handles that is at least 2.25 mils thick;
b. Is designed and manufactured to be used for at least 125 uses;
c. Has a volume capacity of at least 4 gallons (equivalent to 15 liters or 924 cubic inches);
d. Is machine washable or made from a material that can be cleaned and disinfected;
e. Has a tag or label attached to or printed on the bag with content information. Does not contain lead, cadmium, or any other toxic material that may pose a threat to public health. A reusable bag manufacturer may demonstrate compliance with this requirement by obtaining a no objection letter from the federal Food and Drug Administration;
f. Complies with 16 C.F.R. § 260.12 related to recyclable claims if the reusable bag producer makes a claim that the reusable grocery bag is recyclable; and
g. A reusable bag made from plastic film shall also meet the following requirements: it shall be capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125 uses and be at least 2.25 mils thick, in addition to those specified in 7 Del.C. Ch. 60 Subchapter IX, Recycling and Waste Reduction.
"Rubbish" means any nonputrescible solid waste, excluding ashes, such as cardboard, paper, plastic, metal or glass food containers, rags, waste metal, yard clippings, small pieces of wood, excelsior, rubber, leather, crockery, and other waste materials.
"Runoff" means any precipitation, leachate, or other liquid that drains over land from any part of a facility.
"Run-on" means any precipitation, leachate, or other liquid that drains over land onto any part of a facility.
"Salvaging" means the controlled removal of solid waste from any facility for reuse of the waste material.
"Sanitary Landfill" means a land site at which solid waste is deposited on or into the land as fill for the purpose of permanent disposal, except that it will not include any facility that has been approved for the disposal of hazardous waste under the Delaware Regulations Governing Hazardous Waste.
"Sanitary Landfill Cell Boundary" means a vertical surface located at the hydraulically downgradient limit of the cell. This vertical surface extends down into the uppermost aquifer. "Sanitary Landfill Cell Boundary" has the same meaning as "Waste Management Unit Boundary" in the RCRA Subtitle D ( 40 CFR Part 258 ) Regulations. "Sanitary Landfill" has the same meaning as "MSWLF" in the RCRA Subtitle D (40 CFR Part 258) Regulations.
"Saturated Zone" means that part of the earth's crust in which all the voids are filled with water.
"Scavenging" means the uncontrolled and/or unauthorized removal of solid waste from any facility.
"Scrap tire" means:
a tire that is no longer prudent or practical for vehicular use; or
a tire that has not been used on a vehicle for more than 6 months after the last date it was used on a vehicle; or
a tire that is six years or older from the date of manufacture.
"Scrap tire facility" means an accumulation of 100 or more scrap tires wherein each scrap tire weighs 25 pounds or less; or 100 or more scrap passenger tire equivalents; or any combination thereof that, upon conversion, results in 100 or more passenger tire equivalents, in the same general vicinity that is not enclosed by a building, including, but not limited to, open fields, woodlots, pavement, dumpsters or rolloffs, trailers, and fenced areas. For scrap tires weighing more than 200 pounds each, the first 10 scrap tires are exempt from the accumulation amount.
"Seasonal high water table" means an undulating or planar surface (two-dimensional) defined by a series of the highest points of saturated soil or rock in the uppermost-unconfined aquifer that is seasonally or permanently saturated. A two-dimensional surface, below which all pores in rock or soil that is seasonally or permanently saturated. The season high water table must be determined using one of the following:
(1) A representative number of soil profile descriptions (minimum of three (3) soil borings or two (2) test pits per acre and one soil profile description per design area in the evaluated areas(s). Soil boring and test pit data must be evaluated by a State of Delaware Class D Soil Scientist. These shall identify the soil series or taxonomic subgroup (e.g. Sassafras or Typic Hapludult). The geographic coordinates of each representative soil boring and/or test pit, a minimum of two (2), must be determined by a global positioning system.
(2) Zones of saturation (as indicated by redoximorphic features).
(3) Wet-season water-level monitoring shall be conducted at least weekly from January 1st through April 30th. Wells installed for the purpose of establishing groundwater-flow direction may be used for wet season monitoring. Pressure transducers may be deployed to collect continuous water-level data. On-site wet-season data shall be correlated to the nearest unconfined well(s) with a long-term record (>= 20 years). The hydrograph shall include; the minimum, 10th, 25th, 50th (e.g., median), 75th and 90th percentiles and maximum water level for the long-term well(s) in conjunction with the on-site water-level data. The peak on-site wet-season water level shall be corrected to the 10th percentile of the long-term record. Water levels <= 10th percentile shall not be corrected.
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or his or her duly authorized designee.
"Seismic Factor of Safety" means the factor of safety (safety factor) determined using analysis under earthquake conditions using the peak ground acceleration for seismic event with a 2% probability of exceedance in 50 years, equivalent to a return period of approximately 2,500 years, based on the U.S. Geological Survey (USGS) seismic hazard maps for seismic events with this return period for the region where the coal combustion residual (CCR) surface impoundment is located.
"Setback" means the area between the actual disposal area and the property line which can be used for construction of environmental control systems such as runoff diversion ditches, monitoring wells, or scales; for scrap tire facilities, "setback" means the minimum amount of distance required between the most outer edge of the scrap tire facility and another object, including, but not limited to, a property line, public roads, wells, etc.
"Site" means the area of land or water within the property boundaries of a facility where one or more solid waste treatment, resource recovery, recycling, storage, or disposal areas are located.
"Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
"Solid Waste" means any garbage, refuse, rubbish, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under 7 Del.C. Ch. 60, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.
"Solid Waste Management" or "Management" means the systematic administration of the activities which provide for the collection, source separation, storage, transportation, processing, treatment, or disposal of solid waste.
"Source Separated" means divided into its separate recyclable components at the point of generation.
"Special Solid Wastes" means those wastes that require extraordinary management. They include but are not limited to: abandoned automobiles, white goods, used tires, waste oil, sludges, dead animals, agricultural and industrial wastes, infectious waste, municipal ash, septic tank pumpings, and sewage residues.
"Storage" means the holding of solid waste for a temporary period, at the end of which time the solid waste is treated, disposed of, or stored elsewhere.
"Store" means an entity in Delaware, with a business license issued by the Delaware Department of Finance, Division of Revenue, whose business activity includes the category "Retailer" and operates a physical location within Delaware consisting of a single location that has at least 7,000 square feet of retail space or three (3) or more locations each having at least 3,000 square feet of retail space. Stores that carry multiple business activity licenses are bound by this regulation; stores that carry a single business activity license of "Retailer - Restaurant" are exempt from these regulations.
"Subbase" means the supporting soil layers beneath a liner.
"Surface impoundment" means a natural topographic depression, and/or man-made excavation, and/or diked area formed primarily of earthen materials (although it may be lined with man-made materials) or remains unlined, and which is designed to hold an accumulation of liquid wastes or wastes containing free liquids.
"Surface Water" means water occurring generally on the surface of the earth.
"Thermal Recovery Facility" means a facility designed to thermally break down solid waste and to recover energy from the solid waste.
"Tire" means a covering fitted around the rim of a vehicular wheel to absorb shocks, usually of reinforced rubber or a rubberized compound, and pressurized with air or by a pneumatic inner tube, including, but not limited to, car tires, truck tires, and off-the-road tires, and any substantial portion of such covering.
"Topsoil" means the friable dark upper portion of a soil profile that contains mineral substances and organic material in varying degrees of decomposition and is capable of supporting vegetation.
"Transfer Station" means any facility where quantities of solid waste delivered by vehicle are consolidated or aggregated for subsequent transfer by vehicle for processing, recycling, or disposal.
"Transportation" means the movement of solid waste by air, rail, water, over the roadway, or on the ground.
"Transporter" means any person engaged in the transportation of solid waste.
"Treatment" means the process of altering the physical, chemical, or biological condition of the waste to prevent pollution of water, air, or soil or to render the waste safe for transport, disposal, or reuse.
"Unconfined Aquifer" means an aquifer in which the upper surface of the zone of saturation is at atmospheric pressure.
"Uppermost Aquifer" 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 within the facility's property boundary. Upper limit is measured at a point nearest to the natural ground surface to which the aquifer rises during the wet season.
"Variance" means a permitted deviation from an established rule or regulation, or plan, or standard or procedure, as provided in 7 Del.C. Ch. 60.
"Vector" means a carrier organism that is capable of transmitting a pathogen from one organism to another.
"Vehicle" means a motorized means of transporting something. "Vehicle" includes both the motorized unit and all containerized units of a conveyance attached thereto.
"Water Table" means that surface in a groundwater body at which the water pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the water body just far enough to hold standing water.
"Well" means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, testing, acquisition or artificial recharge of underground water, and where the depth is greater than the diameter or width.
"Working Face" means that portion of a landfill where waste is discharged, spread, and compacted prior to placement of cover.
7 Del. Admin. Code § 1301-3.0
19 DE Reg. 418 (11/1/2015)
19 DE Reg. 422 (11/1/2015)
20 DE Reg. 296 (10/1/2016)
21 DE Reg. 893 (5/1/2018)
24 DE Reg. 603 (12/1/2020) (Final)