Md. Code Regs. 26.04.07.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.04.07.02 - Definitions

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) "Agricultural waste" means domestic animal manure or residuals in liquid or solid form generated in the production of poultry, livestock, fur-bearing animals, and their products. The term "agricultural waste":

(a) Includes residuals generated in the production and harvesting but not subsequent processing of all agricultural horticultural, silvicultural, or aquacultural commodities;

(b) Does not include residuals generated during land clearing exercises unless the cleared land is intended solely for agricultural purposes.

(2) "Approving Authority" means the Secretary of the Environment or the Secretary's designee.

(3) Ashes.

(a) "Ashes" means the residue from the burning of wood, solid waste, coal, coke, and other combustible materials.

(b) "Ashes" does not include:

(i) Pozzolan as defined in Environment Article, § 15-407, Annotated Code of Maryland, if the pozzolan is used in accordance with Environment Article, § 15-407, Annotated Code of Maryland, and COMAR 26.04.10; or

(ii) Coal combustion byproducts as defined in COMAR 26.04.10, if the coal combustion byproducts are used in accordance with COMAR 26.04.10.

(4) "Composting" means the process in which organic solid waste is biologically decomposed under controlled conditions to yield a nuisance-free humus-like product.

(5) "Controlled hazardous substance (CHS)" is as defined in COMAR 26.13.01.03B(26).

(6) "County comprehensive solid waste management plan" means the same as "county plan" as defined in COMAR 26.03.03.01B(2).

(7) "Department" means the Department of the Environment.

(8) "Facility structures" means any buildings and sheds or utility or drainage lines on the facility.

(9) "Final disposal" means the complete and ultimate disposal of solid waste.

(10) "Ground water" is as defined in COMAR 26.08.01.01B(27).

(11) "Incinerator" is as defined in COMAR 26.11.08.01B.

(12) "Industrial waste" is defined in COMAR 26.08.01.01B(30).

(13) "Infectious waste" means any waste that comes from a hospital, clinic, or laboratory and that is known or suspected to be contaminated with organisms capable of producing disease or infection in humans. Infectious waste includes:

(a) Disposable equipment, instruments, and utensils;

(b) Contaminated needles, scalpels, and razor blades;

(c) Human tissue and organs that result from surgery, obstetrics, or autopsy;

(d) Feces, urine, vomitus, and suctionings;

(e) Live vaccines for human use;

(f) Blood and blood products; and

(g) Laboratory specimens, such as tissues, blood elements, excreta, and secretions.

(14) "Intermediate disposal" means the preliminary or incomplete disposal of solid waste including, but not limited to, transfer station, incineration, or processing.

(15) "Leachate" means liquid that has percolated through solid waste and has extracted dissolved or suspended material from it.

(16) "Lower explosive limits" means the lowest percent by volume of a mixture of explosive gases which will propagate a flame in air at 25°C and atmospheric pressure.

(17) "Monitoring well" means any hole made in the ground to examine ground water.

(18) "Municipal landfill" means a solid waste acceptance facility permitted under these regulations that is designed, installed, and operated so that all types of waste generated by a community except waste specifically prohibited by these regulations or a permit issued under these regulations can be accepted.

(19) "Open dump" means a land disposal site which is operated after the effective date of these regulations and is not designed or operated in accordance with the requirements for a sanitary landfill in these regulations.

(20) "Overburden" means the material overlying a mineral deposit in its natural state.

(21) "Person" means the federal government, any individual, corporation, company, association, society, firm, partnership, joint venture, joint stock company, governmental unit, or any political subdivision of this State or any agency or instrumentality of one.

(22) Processed Debris.

(a) "Processed debris" means acceptable demolition or construction debris as described in Regulation .13B(2) and (3) of this chapter containing more than one material that has been physically altered so that individual component materials may not be identified through visual inspection.

(b) "Processed debris" includes shredded demolition or construction waste unless the shredded waste is of a single material which is readily identifiable by visual inspection.

(c) "Processed debris" does not include construction or demolition debris crushed or compacted so that individual component materials are identifiable through visual inspection.

(23) "Processing facility" means a combination of structures, machinery, or devices used to reduce or alter the volume, chemical, or physical characteristics of solid waste. For the purpose of these regulations, collection points serving rural residential areas are not considered to be processing facilities, provided that solid waste is not transferred from collection vehicles to another transportation unit. A generator who processes his or her own solid waste at the site of generation and disposes of the processed solid waste off the site of generation at a disposal site permitted by the Department is not considered to be a processing facility.

(24) "Production well" means any hole made in the ground for purposes of extracting water from the ground for agricultural, commercial, domestic, or industrial uses.

(25) "Refuse" is synonymous with solid waste.

(26) "Resource recovery facility" means a processing facility at which component materials of solid waste are recovered for use as raw materials or energy sources.

(27) "Sanitary landfill" means an engineered method of disposing of solid wastes on land in a manner that:

(a) Minimizes public health and environmental hazards; and

(b) Is designed, installed, and operated according to the provisions of these regulations.

(28) "Solid waste" is defined in COMAR 26.13.02.02.

(29) "Solid waste acceptance facility" means any landfill, incinerator, transfer station, or processing facility whose primary purpose is to dispose of, treat, or process solid waste.

(30) "System of refuse disposal for public use" means the services, facilities, or properties used in connection with the intermediate or final disposal of any solid waste unless these activities are limited to waste generated by an individual, a single corporation or business, or are disposed of as authorized by a permit issued by the Department under Environment Article, § 7-232, 9-224, or 9-323, Annotated Code of Maryland.

(31) "Third-party checker" means an individual responsible for the checking of waste, unloaded at the working face of an unlined rubble landfill, for unacceptable debris and materials and for reporting to the Approving Authority results of the inspections conducted.

(32) "Transfer station" means a place or facility where waste materials are taken from one collection vehicle (for example, compactor trucks) and placed in another transportation unit (for example, over-the-road tractor-trailers, railroad gondola cars, barges or ships) for movement to other solid waste acceptance facilities. For the purposes of these regulations, collection points serving rural residential areas are not considered to be transfer stations, provided that solid waste is not transferred from a collection vehicle to another transportation unit. The movement or consolidation of a single generator's solid waste at the site of generation may not be considered to be a transfer station.

Md. Code Regs. 26.04.07.02

Regulations .02, Solid Waste Management, adopted effective March 7, 1988 (15:5 Md. R. 618)
Regulation .02B amended effective September 22, 1997 (24:19 Md. R. 1342); December 1, 2008 (35:24 Md. R. 2080); amended effective 45:12 Md. R. 618, eff. 6/18/2018