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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2017

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Pursuant to 7 Del.C. Ch. 63 Sections 6303(a)(4) and 6305(a)(15), the Department is authorized to develop and promulgate criteria and regulations governing the location of hazardous waste management facilities. This regulation is based on the premise that facilities should be located in areas which minimize the consequences of an unintentional release on public health, safety, welfare, and the environment. The purpose of the location criteria, therefore, is to provide an additional margin of safety beyond the protection already afforded by the design, operational, and monitoring requirements for hazardous waste management facilities contained in the Delaware Regulations Governing Hazardous Waste. The approval of location does not relieve the applicant from compliance with all other applicable federal, state, or local rules and regulations. Except as provided for in Section 6.0 of this regulation, all hazardous waste treatment, storage, or disposal facilities must receive location approval from the Secretary prior to issuance of a hazardous waste permit or written approval for a new unit, or prior to the alteration of an existing unit such that the alterations would require a major modification or a Class 3 modification per Delaware Regulations Governing Hazardous Waste, Sections 122.41 and 122.42.
"Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.
"Board" means the Environmental Appeals Board.
"Boiler" means a device which meets the definition of boiler in Section 260.10 of the Delaware Regulations Governing Hazardous Waste.
"Carbonate Bedrock Areas" means those areas in the Piedmont Province where the first bedrock stratum encountered below the land surface is limestone or dolomite.
"Carbonate Bedrock Drainage Areas" means the surface of the land in the Piedmont Province draining to the subcrop of limestone or dolomite rock.
"Cautionary Criteria" means standards which identify the preferred location of a hazardous waste management facility or unit in relation to onsite and nearby social, environmental, or geographic characteristics.
"Critical Habitat for Rare and Endangered Species" means areas in public or private ownership which the Secretary has determined to provide sole or significant support to populations of rare or endangered plant or animal species.
"Department" means the Department of Natural Resources and Environmental Control.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
"Drinking Water Well" means any well which is used to supply potable water.
"Emergency Response Facility" means fire control and emergency medical services.
"Erosion and Mass Movement" means the relative degree to which the site will be vulnerable to the forces of erosion, landslide, soil creep, or any other mass movements which might breach or carry wastes away from a facility.
"Exclusionary Criteria" means standards which identify environmental, geographic or physical characteristics of lands where hazardous waste management facilities or units are prohibited.
"Existing Hazardous Waste Management Facility" means a facility which has satisfied the requirements of 7 Del.C. Ch. 6307 and the regulations promulgated pursuant to this section on or before the effective date of this regulation.
"Facility" or "Hazardous Waste Management Facility" means all contiguous land, and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them).
"Flood Hazard Areas" means those land areas adjacent to open coast, coastal sounds, estuaries, lakes, rivers, and streams which are prone to flooding from storms of a specified annual probability of occurrence. Two such flood hazard areas are used herein:
"The 100-year Flood Hazard Area" means the land area inundated by a flood which has a 1% annual probability of occurrence as contained on the flood insurance rate maps published by the Federal Emergency Management Agency.
"The 500-year Flood Hazard Area" means the land area inundated by a flood which has a 0.2% annual probability of occurrence.
"Freshwater Wetlands" are those wetlands defined in accordance with the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" (January 1989, or as amended). They include those non tidal freshwater wetlands and those freshwater tidal wetlands not mapped under Delaware's Wetlands Act of 1973, (Title 7 Del.C. Ch. 66).
"Hazardous Waste" means a hazardous waste as defined in Section 261.3 of the Delaware Regulations Governing Hazardous Waste.
"Industrial Furnace" is defined in accordance with the definition of industrial furnace in Section 260.10 of the Delaware Regulations Governing Hazardous Waste.
"Immobile Resident Population" means individuals residing in public or private institutions such as prisons, hospitals, nursing homes, and mental health care facilities and who cannot be easily evacuated in case of an emergency.
"Inground Tank" means a device meeting the definition of "tank" whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.
"Land Emplacement Facility" means any facility involving the placement of hazardous waste into or onto the land and which is designed and operated to contain waste in a manner that prevents the migration of pollutants from the site.Such facilities include but are not limited to:
"Onground Tank" means a device meeting the definition of "tank" and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.
"Public Water Supply System" means a water supply system, approved by the Division of Public Health, which provides water to the public for potable or domestic purposes through a piped system directly to the user's free flowing outlet.
"Public Water Supply Watershed" means the land area draining to a river, lake, or stream used as a public water supply.
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or his duly authorized designee.
"Seismic Risk Zone" means all lands within five miles of an epicenter of an earthquake of a Modified Mercalli VII or greater intensity.
"Significant Environmental Lands" means state parks, state wildlife areas, state forests, national wildlife refuges, or state nature preserves, or privately owned nature preserves dedicated under the Natural Areas Preservation Systems Act (7 Del.C. Ch. 73), lands protected under the Conservation and Preservation Easements Act (7 Del.C. Ch. 69), and lands on the National Register of Historic Places.
"Storage" for the purpose of this regulation means a unit designed to hold hazardous waste where the owner or operator has a permit or written approval or desires to obtain a permit or written approval in accordance with the requirements of Sections 6306(g) and 6307 of 7 Del.C. Ch. 63, and the regulations promulgated pursuant to these sections.
"Subcropping Aquifers and Aquifer Recharge Areas" means those areas where the major pre quaternary coastal plain aquifers outcrop or subcrop beneath surficial sediments and receive or could receive significant recharge by natural or induced ground water flow. These include areas where sands of the Potomac and Maqothy formations; sands of the Rancocas Group: the Cheswold, Frederica, Manokin and Pocomoke aquifers; and some finer grained aquifers through which substantial leakage may be induced by pumping.
"Tank" means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.
"Transmissivity" means the rate at which water of the prevailing kinematic viscosity is transmitted through a unit width of an aquifer under a unit hydraulic gradient. It equals the hydraulic conductivity multiplied by the aquifer thickness.
"Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such wastes, or so as to recover energy or material resources from the waste, or so as to render such waste non hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
"Unconfined Aquifer" means an aquifer in which there are no confining beds between the zone of saturation and the ground surface.
"Underground Tank" means a device meeting the definition of "tank" whose entire surface area is totally below the surface of and covered by the ground.
"Unit" means a contiguous area of land on or in which hazardous waste is actually proposed to be placed, stored, or treated, or the largest area in which there is a significant likelihood of mixing hazardous waste constituents in the same area. Examples of units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system, and a container storage area.
"Wellhead Protection Areas" means the surface area designated by the Department which surrounds a drinking water well or well field supplying a public water system within which contaminants, if released to the environment, are likely to move toward and reach such well or well field.
"Wetlands" means those lands above the mean low water elevation including any bank, marsh, swamp, meadow, flat, or other lowland subject to tidal action in the state along the Delaware Bay and Delaware River, Indian River Bay, Rehoboth Bay, Little and Big Assawoman Bays, the coastal inland waterways, or along any inlet, estuary, or tributary waterway or any portion thereof, including those areas which are now, or in this century have been, connected to tidal waters, whose surface is at or below an elevation of two feet above local mean high water, and upon which may grow or is capable of growing any but not necessarily all of the plants, listed in Del.C. Title 7, Chapter 66.
3.2.1.7 Proximity to Immobile Resident Populations. Units handling toxic, explosive, reactive, or flammable and combustible wastes, and which are regulated by the Extremely Hazardous Substances Risk Management Act (7 Del.C. Ch. 77), and Delaware Regulations for the Management of Extremely Hazardous Substances, should be more than one mile from an immobile resident population. This criterion is not applicable to units handling other types of hazardous waste.
4.2.1.6 Proximity to Immobile Resident Populations. Units handling toxic, explosive, reactive, or flammable and combustible substances or which are regulated by the Extremely Hazardous Substances Risk Management Act (7 Del.C. Ch. 77) and Delaware Regulations for the Management of Extremely Hazardous Substances should be more than one mile from an immobile resident population. This criterion is not applicable to units handling other types of wastes.
6.1.4.1 a substantial change in the design of any component used to reduce HCl/Cl2, metals or particulates from the combustion gases, or
Last Updated: December 31 1969 19:00:00.
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