3745-270-02 Definitions pertaining to land disposal restrictions.

(A) When used in Chapter 3745-270 of the Administrative Code, the following terms have the meanings given in this rule:

(1) "Debris" means:

(a) Solid material exceeding a 60.0 millimeter particle size that is intended for disposal and that is:

(i) A manufactured object; or

(ii) Plant or animal matter; or

(iii) Natural geologic material.

(b) However, the following materials are not debris:

(i) Any material for which a specific treatment standard is provided in rules 3745-270-40 to 3745-270-49 of the Administrative Code, namely lead acid batteries, cadmium batteries, and radioactive lead solids;

(ii) Process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and

(iii) Intact containers of hazardous waste that are not ruptured and that retain at least seventy-five per cent of their original volume.

(c) A mixture of debris that has not been treated to the standards provided by rule 3745-270-45 of the Administrative Code and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.

(2) "Hazardous constituent" or "hazardous constitutents" means those constituents in the appendix to rule 3745-51-11 of the Administrative Code.

(3) "Hazardous debris" means debris that contains a hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code, or that exhibits a characteristic of hazardous waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification (i.e., from waste to hazardous debris) is not allowed under the dilution prohibition in rule 3745-270-03 of the Administrative Code.

(4) "Inorganic metal-bearing waste" is one for which Ohio EPA has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in paragraph (C)(1) of rule 3745-270-03 of the Administrative Code, and is specifically listed in the appendix to rule 3745-270-03 of the Administrative Code.

(5) "Land disposal" means placement in or on the land, except in a corrective action management unit or a staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

(6) "Nonwastewaters" are wastes that do not meet the criteria for "wastewaters" as defined in this rule.

(7) "Polychlorinated biphenyls" or "PCBs" are halogenated organic compounds defined in accordance with 40 CFR 761.3 .

(8) "Soil" means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. natural resources conservation service, or a mixture of such materials with liquids, sludges, or solids which is inseparable by simple mechanical removal processes, and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification (i.e., from waste to contaminated soil) is not allowed under the dilution prohibition in rule 3745-270-03 of the Administrative Code.

(9) "Underlying hazardous constituent" means any constituent listed in the table in rule 3745-270-48 of the Administrative Code, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific universal treatment standards.

(10) "Wastewaters" are wastes that contain less than one per cent by weight total organic carbon and less than one per cent by weight total suspended solids .

(B) All other terms have the meanings given in rule 3745-50-10 , 3745-51-02 , or 3745-51-03 of the Administrative Code.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]

Effective: 03/17/2012
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 02/11/1992, 12/07/2000, 12/07/2004