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<br /> 51018 Federal Register / V ~6, No. 196 /Wednesday, October 9, : /Rules and Regulations
<br /> generation; fertilizer/agricultural Sludge means any solid, semi-solid, or by only piston-type aircraft must
<br /> chemicals; food and related products/ liquid waste generated from a demonstrate that the units are designed
<br /> by-products; inorganic chemicals: iron municipal, commercial, or industrial and operated so that the MSWLF unit
<br /> and steel manufacturing; leather and wastewater treatment plant, water does not pose a bird hazard [o aircraft.
<br /> leather products; nonferrous metals supply treatment plant, or air pollution (b) Owners or operators proposing to
<br /> manufacturing/foundries: organic control facility exclusive of the treated site new MSWLF units and lateral
<br /> chemicals; plastics and resins effluent from a wastewater treatment expansions within alive-mile radius of
<br /> manufacturing; pulp end paper industry; plant. any airport runway end used 6y turbojet
<br /> rubber and miscellaneous plastic Solid waste means any garbage, or or piston-type aircraft must notify the '
<br /> products; stone, glass, clay, and refuse, sludge from a wastewater affected airport and the Federal
<br /> concrete products; textile treatment plant, water supply treatment Aviation Administration (FAA).
<br /> manufacturing; transportation plant, or air pollution control facility (c) The owner or operator must place
<br /> equipment; and water treatment. This and other discarded material, including the demonstration in paragraph (a) o[
<br /> term does not include mining waste or solid, liquid, semi-solid, or contained this section in the operating record and
<br /> oi] and gas waste. gaseous material resulting from notify the State Director that it has been
<br /> Lateral expansion means a horizontal industrial, commercial, mining, and placed in the operating record.
<br /> expansion of the waste boundaries of an agricultural operations, and from (d) For purposes of this section:
<br /> existing MSWLF unit. community activities, but does not (1) Airport means public-use airport
<br /> Leachale means a liquid that has include solid or dissolved materials in
<br /> passed through or emerged from solid domestic sewage, or solid or dissolved open to the public without prior
<br /> waste and contains soluble, suspended, materials fn irrigation return flaws or Permission and without restrictions ~
<br /> r or miscible materials removed from such industrial discharges that are point within the physical capacities of
<br /> waste. sources subject to permit under 33 available facilities.
<br /> Municipal solid waste landfil! unit U.S.C. 1342, or source, special nuclear, l2) Bird hazard means an increase in ,
<br /> ' means a discrete area of land or an or by-product material as defined by the the likelihood of bird/aircraft collisions '
<br /> excavation that receives household Atomic Energy Act of 1954, as amended that may cause damage to the aircraft or
<br /> waste, and that is not a land application (58 Stat. 923). injury to its occupants.
<br /> unit, surface impoundment, injection State means any of the several States, § 25g,tt Floodplalns.
<br /> well, or waste pile, as those terms are the District of Columbia, the (a) Owners or operators of new
<br /> defined under $ 257.2. A MSWLF unit Commonwealth of Puerto Rico, the MSWLF units, existi
<br /> also may receive other types of RCRA Virgin islands, Guam, American Samoa, ng MSWLF units,
<br /> subtitle D wastes, such as commercial and the Commonwealth of the Northern end lateral expansions located in 10Q
<br /> solid waste, nonhazardous sludge, small Mariana Islands. year floodplains must demonstrate that
<br /> quantity generator waste and industrial State Director means the chief the unit-will not restrict the flow o[ the
<br /> s? solid waste. Such a landfill may be administrative officer of the State 100-year flood, reduce the temporary
<br /> 4 publicly or privately owned. A MSWLF agency responsible for implementing the water storage capacity of the floodplain,
<br /> unit may be a new MSW[.F unit, an State municipal solid waste permit or result in washout of solid waste so ay
<br /> existing MSWLF unit or a lateral program or other system of prior to pose a hazard to human health and
<br /> expansion. approval. the environment. The owner or operator
<br /> i~ New MSWLF unit means any Uppermost aquifer means the geologic must place the demonstration in the
<br /> municipal solid waste landfill unit that formation nearest the natural ground operating record and notify the State
<br /> has not received waste prior to the surface that is an aquifer, as well as, Director that it has been placed in the
<br /> effective date of this part (October 9, lower aquifers that are hydraulically operating record.
<br /> 1993). interconnected with this aqui[er within (b) For purposes of this section:
<br /> Open burning means the combustion the facility's property boundary. (1) Floodplain means the lowland and
<br /> ~j, o[ solid waste without: Waste management unit boundary relatively flat areas adjoining inland and
<br /> (IJ Control of combustion air to means a vertical surface located at the coastal waters, including flood-prone
<br /> maintain adequate temperature for hydraulically downgradient limit of [he areas of offshore islands, that are
<br /> i efficient combustion, unit Thia vertical surface extends down inundated by the 100-year flood.
<br /> (2) Containment of the combustion into the uppermost aquifer. (2) 100-year flood means a flood that
<br /> reaction in an enclosed device to has a 1-percent or greater chance of
<br /> provide sufficient residence time and 3 258.3 Conalderatlon of other Federal recurring in any given year or a flood of
<br /> mixing far complete combustion, and tat"a' a magnitude equalled or exceeded once
<br /> (3) Control of the emission of the The owner or operator of a municipal in 100 years on the average over a
<br /> combustion products. solid waste landfill unit must comply significantly long period.
<br /> Operator means the person(s) with any other applicable Federal rules, (3) Washout means the carrying away
<br /> responsible for the overall operation of a laws, regulations, or other requirements. of solid waste by waters of the base
<br /> facility or part of a facility. 258.4-258.9 [Reserved] flood.
<br /> Owner means the persons] who owns
<br /> a [acility or part of a facility. Subpart B-Location Restr(ctions § 258.12 Wetlands.
<br /> Run-ofJ means any rainwater, (a) New MSWLF units and lateral
<br /> leachate, or other liquid that drains over § 258.10 Airport safety. expansions shall not be located in
<br /> ]and from any part o£ a facility. (a) Owners or operators of new wetlands, unless the owner or operator
<br /> Run-on means any rainwater; 1\15WLF units, existing MSWLF units, can make the following demonstrations
<br /> leachate, or other liquid that Brains over and lateral expansions that are located to the Director of an approved State:
<br /> land onto any part of a facility. within 10,000 feet (3,048 meters) of any (1) Where applicable under section
<br /> Sotu~aled zone means that part of the airport runway end used by turbojet 404 of [he Clean Water Act or applicable
<br /> earth's crust in which all voids are filled aircraft or within 5,000 feet (1,524 State wetlands laws, the presumption
<br /> with water. meters) of any airport runway end used that practicable alternative to the
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