ARTICLE VIII. MUNICIPAL WASTE CHAPTER 271. MUNICIPAL WASTE MANAGEMENT ...

192 Pages·2015·0.51 MB·English

Ch. 271 MUNICIPALWASTEMANAGEMENT 25
ARTICLE VIII. MUNICIPALWASTE
Chap. Sec.
271. MUNICIPALWASTEMANAGEMENT—GENERAL
PROVISIONS ................................................ 271.1
272. MUNICIPALWASTEPLANNING,RECYCLINGAND
WASTEREDUCTION ........................................ 272.1
273. MUNICIPALWASTELANDFILLS ............................. 273.1
275. LANDAPPLICATIONOFSEWAGESLUDGE ................... 275.1
277. CONSTRUCTION/DEMOLITIONWASTELANDFILLS .......... 277.1
279. TRANSFERFACILITIES ..................................... 279.1
281. COMPOSTINGFACILITIES .................................. 281.1
283. RESOURCERECOVERYANDOTHERPROCESSING
FACILITIES ................................................. 283.1
284. REGULATEDMEDICALANDCHEMOTHERAPEUTICWASTE .. 284.1
285. STORAGE,COLLECTIONANDTRANSPORTATION
OFMUNICIPALWASTE .................................... 285.101
Authority
TheprovisionsofthisArticleVIIIissuedundersection105(a)oftheSolidWasteManagementAct
(35P.S.§ 6018.105(a));sections5(a),304and402ofTheCleanStreamsLaw(35P.S.§§ 691.5(a),
691.304and691.402);andsections1905-A,1917-Aand1920-AofTheAdministrativeCodeof1929
(71P.S.§§ 510-5,510-17and510-20),unlessotherwisenoted.
Source
TheprovisionsofthisArticleVIIIadoptedApril8,1988,effectiveApril9,1988,18Pa.B.1681,
unlessotherwisenoted.
CrossReferences
Thisarticlecitedin7Pa.Code§ 82.13(relatingtorefuse);25Pa.Code§ 87.100(relatingtotop-
soil: nutrients and soil amendments); 25 Pa.Code § 88.90 (relating to vegetation-supporting mate-
rial: nutrients and soil amendments); 25 Pa.Code § 88.185 (relating to nutrients and soil amend-
ments); 25 Pa.Code § 88.290 (relating to vegetation-supporting material: nutrients and soil
amendments);25Pa.Code§ 129.201(relatingtoboilers);25Pa.Code§ 250.9(relatingtointerac-
tionwithotherenvironmentalstatutes);25Pa.Code§ 252.3(relatingtoscope);25Pa.Code§ 261.5
(relatingtospecialrequirementsforhazardouswastegeneratedbyconditionallyexemptsmallquan-
titygenerators);25Pa.Code§ 266b.31(relatingtowastemanagementforuniversalwastemercury-
containingdevices);25Pa.Code§ 287.2(relatingtoscope);25Pa.Code§ 287.101(relatingtogen-
eral requirements for permit); 25 Pa.Code § 287.611 (relating to authorization for general permit);
25Pa.Code§ 290.2(relatingtoscope);25Pa.Code§ 298.10(relatingtoapplicability);25Pa.Code
§ 298.20 (relating to applicability); 25 Pa.Code § 298.40 (relating to applicability); 25 Pa.Code
§ 298.50(relatingtoapplicability);and25Pa.Code§ 299.201(relatingtoscope).
CHAPTER 271. MUNICIPALWASTE MANAGEMENT—
GENERALPROVISIONS
Subchap. Sec.
A. GENERAL .................................................. 271.1
B. GENERALREQUIREMENTSFORPERMITSAND
PERMITAPPLICATIONS ................................... 271.101
C. PERMITREVIEWPROCEDURESANDSTANDARDS ......... 271.201
D. FINANCIALASSURANCESREQUIREMENTS ................ 271.301
E. CIVILPENALTIESANDENFORCEMENT ................... 271.401
F. DEMONSTRATIONFACILITIES ............................ 271.501
G. RESIDUALWASTE ........................................ 271.601
H. [Reserved] ................................................. 271.711
I. BENEFICIALUSE ......................................... 271.801
J. BENEFICIALUSEOFSEWAGESLUDGEBYLAND
APPLICATION ............................................ 271.901
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25 § 271.1 ENVIRONMENTALPROTECTION Pt. I
Authority
TheprovisionsofthisChapter271issuedundersection105(a)oftheSolidWasteManagementAct
(35 P.S. § 6018.105(a)); sections 5(a) and (b), 304 and 402 of The Clean Streams Law (35 P.S.
§§ 691.5(a)and(b),691.304and691.402);andsections1905-A,1917-Aand1920-AofTheAdmin-
istrativeCodeof1929(71P.S.§§ 510-5,510-17and510-20);amendedundertheMunicipalWaste
Planning,RecyclingandWasteReductionAct(53P.S.§§ 4000.101—4000.1904);theSolidWaste
ManagementAct(35P.S.§§ 6018.101—6018.1003);TheCleanStreamsLaw(35P.S.§§ 691.1—
691.1001);thePennsylvaniaUsedOilRecyclingAct(58P.S.§§ 471—480);section104(a)ofthe
Land Recycling and Environmental Remediation StandardsAct (35 P.S. § 6026.104(a)); the act of
July13,1988(P.L.525,No.93)(35P.S.§§ 6019.1—6019.6),knownastheInfectiousandChemo-
therapeuticWasteDisposalLaw;sections1905-A,1917-A,1920-Aand1937-AofTheAdministra-
tiveCodeof1929(71P.S.§§ 510-5,510-17,510-20and510-37);section207oftheSmallBusiness
andHouseholdPollutionPreventionProgramAct(35P.S.§ 6029.207);section15(a)oftheactof
November26,1997(P.L.530,No.57);theEnvironmentalStewardshipandWatershedProtectionAct,
27 Pa.C.S. § 6105(g); sections 301 and 302 of the Radiation ProtectionAct (35 P.S. §§ 7110.301
and 7110.302); and section 4(a) of the Household Hazardous Waste Funding Act (35 P.S.
§ 6025.4(a)),unlessotherwisenoted.
Source
TheprovisionsofthisChapter271adoptedApril8,1988,effectiveApril9,1988,18Pa.B.1681,
unlessotherwisenoted.
CrossReferences
This chapter cited in 7 Pa.Code § 82.13 (relating to refuse); 25 Pa.Code § 252.3 (relating to
scope);25Pa.Code§ 266b.11(relatingtowastemanagementforuniversalwastemercury-containing
devices); 25 Pa.Code § 272.1 (relating to scope); 25 Pa.Code § 273.1 (relating to scope); 25
Pa.Code§ 277.1(relatingtoscope);25Pa.Code§ 279.1(relatingtoscope);25Pa.Code§ 279.101
(relatingtogeneralrequirements);25Pa.Code§ 279.201(relatingtobasiclimitations);25Pa.Code
§ 281.1 (relating to scope); 25 Pa.Code § 281.101 (relating to general requirements); 25 Pa.Code
§ 281.201 (relating to basic limitations); 25 Pa.Code § 283.1 (relating to scope); 25 Pa.Code
§ 283.101(relatingtogeneralrequirements);25Pa.Code§ 283.201(relatingtobasiclimitations);
25 Pa.Code § 284.1 (relating to scope); 25 Pa.Code § 284.201 (relating to scope); 25 Pa.Code
§ 284.301(relatingtoscope);25Pa.Code§ 284.401(relatingtoscope);and25Pa.Code§ 284.501
(relatingtoscope).
SubchapterA. GENERAL
Sec.
271.1. Definitions.
271.2. Scope.
271.3. Environmentalprotection.
271.4. Computerizeddatasubmission.
271.5. Publicrecordsandconfidentialinformation.
CrossReferences
Thissubchaptercitedin25Pa.Code§ 271.502(relatingtorelationshiptootherrequirements);25
Pa.Code§ 271.801(relatingtoscope);25Pa.Code§ 271.832(relatingtowaiverandmodification
ofrequirements);and25Pa.Code§ 284.122(relatingtowaiverormodificationsofcertainrequire-
ments).
§ 271.1. Definitions.
The following words and terms, when used in this article, have the following
meanings, unless the context clearly indicates otherwise:
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Ch. 271 MUNICIPALWASTEMANAGEMENT 25 § 271.1
ASTM—TheAmerican Society for Testing and Materials, 1916 Race Street,
Philadelphia, Pennsylvania 19103-1187.
Abatement—The restoration, reclamation, recovery and the like of a natural
resource adversely affected by the activity of a person, permittee or municipal-
ity.
Abatementstandards—Background,MCLsandrisk-basedstandardsasthose
terms are defined under this article.
Access road—A roadway or course providing access to a municipal waste
processing or disposal facility, or areas within the facility, from a road that is
under Federal, Commonwealth or local control.
Act—TheSolidWasteManagementAct(35P.S.§§ 6018.101—6018.1003).
Adjacent area—Land located outside the permit area, where air, surface
water or groundwater, fish, wildlife, vegetation or other resources protected by
this article may be adversely affected by municipal waste processing or dis-
posal facilities.
Agricultural utilization—The land application of sewage sludge for its plant
nutrient value or as a soil conditioner as part of an agricultural operation.
Agricultural waste—Poultry and livestock manure, or residual materials in
liquidorsolidformgeneratedintheproductionandmarketingofpoultry,live-
stock, fur bearing animals, and their products, if the agricultural waste is not
hazardous. The term includes the residual materials generated in producing,
harvesting and marketing of agronomic, horticultural and silvicultural crops or
commoditiesgrownonwhatareusuallyrecognizedandacceptedasfarms,for-
ests or other agricultural lands.
Airport—Public airport, as defined in 67 Pa.Code § 471.2 (relating to defi-
nitions).
(i)—The term includes military airports.
(ii)—The term does not include heliports.
Alternative groundwater protection standard—A risk-based remediation
standardforsubstancesthathavenoprimaryMCLsundertheFederalandState
Safe Drinking Water Acts (42 U.S.C.A. §§ 300f—300j-18; and 35 P.S.
§§ 721.1—721.17). For carcinogens, the standard represents a concentration
associated with an excess lifetime cancer risk level between 1 × 10-4 and 1 ×
10-6, including the cumulative risk of all contaminants. For systemic toxicants,
the standard represents a concentration to which the human population, includ-
ing sensitive subgroups, could be exposed on a daily basis that is likely to be
without appreciable risk of deleterious effects during a lifetime. When several
systemic toxicants affect the same target organ or act by the same method of
toxicity, the hazard index may not exceed one.
Aluminum—Refers to cans comprised of 100% aluminum.
Aquifer—A geologic formation, group of formations or part of a formation
capable of yielding sufficient groundwater for monitoring purposes.
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Association—Acorporation, partnership, limited liability company, business
trustortwoormorepersonsassociatedinacommonenterpriseorundertaking.
Attenuating soil—Soil material existing in place or placed beneath solid
waste that will provide natural attenuation of leachate emanating from the
waste.
Attenuation—A decrease in the maximum concentration or total quantity of
an applied chemical or biological constituent of solid waste in a fixed time or
distancethatresultsfromphysical,chemicalorbiologicalreactionsortransfor-
mations.
Autoclave—A pressure vessel in which regulated medical waste is disin-
fected using high temperature steam, directly or indirectly, to maintain speci-
fiedtemperaturesforretentiontimesconsistentwiththewastebeingprocessed.
Autofluff—The residue from the shredding of automobiles, after all fluids
have been removed.
Background standard—A numerical value as determined under section 302
of the Land Recycling and Environmental Remediation StandardsAct (35 P.S.
§ 6026.302) and § 250.202 (relating to establishing background concentra-
tions).
Beneficial use—Use or reuse of residual waste or residual material derived
from residual waste for commercial, industrial or governmental purposes,
where the use does not harm or threaten public health, safety, welfare or the
environment,ortheuseorreuseofprocessedmunicipalwasteforanypurpose,
where the use does not harm or threaten public health, safety, welfare or the
environment.
Biologicals—Preparations made from living organisms and their products,
including vaccines, cultures, and the like, intended for use in diagnosing,
immunizing or treating humans or animals or in research pertaining thereto.
Blood products—A product derived from human blood, including blood
plasma, serum, platelets, red or white blood corpuscles, licensed products such
as interferon and other derived material containing free-flowing blood and
blood components.
Body fluids—Liquids emanating or derived from humans and limited to the
following: blood; cerebrospinal, synovial, pleural, peritoneal and pericardial
fluids;semenandvaginalsecretions;andamnioticfluid.Thetermalsoincludes
the following fluids if they contain visible blood: feces, sputum, saliva, urine
and vomitus.
Byproduct material—The Federal definition for ‘‘byproduct material’’in 10
CFR 20.1003 (relating to definitions) is incorporated by reference.
Chemotherapeutic waste—Waste resulting from the production or use of
antineoplastic agents used for the purpose of inhibiting or stopping the growth
of malignant cells or killing malignant cells. The term does not include waste
containing antineoplastic agents that are hazardous wastes under Chapter 261a
(relating to identification and listing of hazardous waste) and 40 CFR Part 261
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Ch. 271 MUNICIPALWASTEMANAGEMENT 25 § 271.1
(relatingtoidentificationandlistingofhazardouswaste)totheextentthatPart
261isincorporatedin§ 261a.1(relatingtoincorporationbyreference,purpose
and scope).
Clean fill—Uncontaminated, nonwater-soluble, nondecomposable inert solid
material used to level an area or bring the area to grade. The term does not
include material placed into or on waters of this Commonwealth.
Closure—The date on which a municipal waste processing or disposal facil-
ity permanently ceases to accept waste, and access is limited to activities nec-
essary for postclosure care, maintenance and monitoring.
Closure certification—Awritten document attested to by a corporate official
that states that a landfill has permanently ceased accepting waste and access
has been limited to activities necessary for postclosure care, maintenance and
monitoring.
Collateral bond—A penal bond agreement in a sum certain, payable to the
Department, executed by the operator and supported by the deposit with the
Departmentofcash,negotiablebondsoftheUnitedStates,theCommonwealth,
theTurnpikeCommission,theGeneralStateAuthority,theStatePublicSchool
Building Authority or a Commonwealth municipality, Commonwealth bank
automatically renewable and assignable certificates of deposit or irrevocable
and standby Commonwealth bank letters of credit.
Collection contractor—The definition from section 203 of the Small Busi-
nessandHouseholdPollutionPreventionProgramAct(35P.S.§ 6029.203)is
incorporated by reference.
Collectionevent—Thedefinitionfromsection203oftheSmallBusinessand
Household Pollution Prevention ProgramAct is incorporated by reference.
Commercial establishment—An establishment engaged in nonmanufacturing
or nonprocessing business, including, but not limited to, stores, markets, office
buildings, restaurants, shopping centers and theaters.
Commercial regulated medical or chemotherapeutic waste facility—Afacil-
ity that processes regulated medical or chemotherapeutic waste under either of
the following conditions:
(i) The facility does not generate any of the regulated medical or che-
motherapeutic waste that it processes.
(ii) If the facility generates the regulated medical or chemotherapeutic
waste that it processes, the amount of waste on a monthly average that is
generatedonsiteandoffsitebywholly-ownedgeneratorsofthefacilityisless
than 50% of the waste that it processes.
Community activities—Events sponsored in whole or in part by a municipal-
ity,orconductedwithinamunicipalityandsponsoredprivately,whichinclude,
but are not limited to, fairs, bazaars, socials, picnics and organized sporting
events that will be attended by 200 or more individuals per day.
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Composting—The process by which organic solid waste is biologically
decomposedundercontrolledanaerobicoraerobicconditionstoyieldahumus-
like product.
Compostingfacility—Afacilityusinglandforprocessingofmunicipalwaste
by composting. The term includes land thereby affected during the lifetime of
the operations, including, but not limited to, areas where composting actually
occurs,supportfacilities,borrowareas,offices,equipmentsheds,airandwater
pollutioncontrolandtreatmentsystems,accessroads,associatedonsiteorcon-
tiguous collection, transportation and storage facilities, closure and postclosure
care and maintenance activities and other activities in which the natural land
surface has been disturbed as a result of or incidental to operation of the facil-
ity. The term does not include a facility for composting residential municipal
waste that is located at the site where the waste was generated.
Composting pad—An area within a general composting facility where com-
post or solid waste is processed, stored, loaded or unloaded.
Conditionally exempt small quantity generator—A generator of hazardous
waste generating in a calendar month less than 100 kg of nonacute hazardous
waste,andlessthan1kgpermonthofacutelyhazardouswastesunder40CFR
261.31, 261.32 or 261.33(e) (relating to hazardous wastes from non-specific
sources; hazardous wastes from specific sources; and discarded commercial
chemical products, off-specification species, container residues, and spill resi-
dues thereof), incorporated in § 261a.1 or a total of 100 kg of residue or con-
taminated soil waste, or other debris resulting from the cleanup of a spill, into
or on land or waters of this Commonwealth, of acute hazardous waste listed in
40 CFR 261.31, 261.32 or 261.33(e), incorporated in § 261a.1.
Construction/demolition waste—Solid waste resulting from the construction
or demolition of buildings and other structures, including, but not limited to,
wood, plaster, metals, asphaltic substances, bricks, block and unsegregated
concrete. The term does not include the following if they are separate from
other waste and are used as clean fill:
(i) Uncontaminated soil, rock, stone, gravel, brick and block, concrete
and used asphalt.
(ii) Waste from land clearing, grubbing and excavation, including trees,
brush, stumps and vegetative material.
Construction/demolition waste landfill—Afacility using land exclusively for
the disposal of construction/demolition waste. The term includes land affected
during the lifetime of the operations, including, but not limited to, areas where
disposal activities actually occur, support facilities, borrow areas, offices,
equipment sheds, air and water pollution control and treatment systems, access
roads, associated onsite or contiguous collection, transportation and storage
facilities, closure and postclosure care and maintenance activities and other
activities in which the natural land surface has been disturbed as a result of or
incidental to the operation of the facility.
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Ch. 271 MUNICIPALWASTEMANAGEMENT 25 § 271.1
Construction material—The engineered use of municipal waste as a substi-
tuteforarawmaterialoracommercialproductinaconstructionactivity,ifthe
waste has the same engineering characteristics as the raw material or commer-
cialproductforwhichitissubstituting.Thetermincludestheuseofmunicipal
waste as a road bed material, for pipe bedding and in similar operations. The
term does not include valley fills, the use of municipal waste to fill open pits
from coal or other fills or the use of municipal waste solely to level an area or
bring the area to grade when a construction activity is not completed promptly
after the placement of the solid waste.
Container—Aportabledeviceinwhichwasteisheldforstorageortranspor-
tation.
Corrugated paper—Astructural paper material with an inner core shaped in
rigid parallel furrows and ridges.
Department—The Department of Environmental Protection of the Common-
wealth, and its authorized representatives.
Disinfection—Thetreatmentorprocessingofregulatedmedicalwastesothat
it poses no risk of infection or other health risk to individuals handling or oth-
erwise coming into contact with the waste. The term includes autoclaving; dry
heat, gas or chemical disinfection; radiation and irradiation; and incineration.
Disposal—Thedeposition,injection,dumping,spilling,leakingorplacingof
solid waste into or on the land or water in a manner that the solid waste or a
constituent of the solid waste enters the environment, is emitted into the air or
is discharged to the waters of this Commonwealth.
Disposalarea—Thepartofthesitewheredisposalisoccurringorwilloccur.
Dredgedmaterial—Materialdredgedorexcavatedfromwatersforthedirect
or indirect purpose of establishing or increasing water depth, or increasing the
surface or cross-sectional area of a waterway and which includes sediment,
soil,mud,shells,gravelorotheraggregate.Thematerialdoesnotincludewaste
removed or dredged from an impoundment that has received solid waste.
EPA—The United States Environmental ProtectionAgency.
Eligible entity—The definition from section 203 of the Small Business and
Household Pollution Prevention ProgramAct is incorporated by reference.
Environmental protection acts—The act, The Clean Streams Law (35 P.S.
§§ 691.1—691.1001), the Municipal Waste Planning, Recycling and Waste
ReductionAct (53 P.S. §§ 4000.101—4000.1904), the Hazardous Sites Cleanup
Act (35 P.S. §§ 6020.101—6020.1305), the Low-Level Radioactive Waste Dis-
posalAct (35 P.S. §§ 7130.101—7130.905), the act of July 13, 1988 (P.L. 525,
No. 93) (35 P.S. §§ 6019.1—6019.6), known as the Infectious and Chemothera-
peutic Waste Disposal Law, the Air Pollution Control Act (35 P.S. §§ 4001—
4015), the Surface Mining Conservation and Reclamation Act (52 P. S.
§§ 1396.1—1396.19b), the Noncoal Surface Mining Conservation and Reclama-
tionAct (52 P.S. §§ 3301—3326), the Dam Safety and EncroachmentsAct (32
P.S. §§ 693.1—693.27), and other State or Federal statutes relating to environ-
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mental protection or the protection of public health, including statutes adopted or
amended afterApril 9, 1988.
Environmental Stewardship and Watershed Protection Act—27 Pa.C.S.
§§ 6101—6113.
FAA—The FederalAviationAdministration of the United States Department
of Transportation.
Facility—Land, structures and other appurtenances or improvements where
municipal waste disposal, processing or beneficial use is permitted or takes
place.
Feasibility study—A study which analyzes a specific municipal waste pro-
cessing, recycling or disposal system to assess the likelihood that the system
can be successfully implemented, including, but not limited to, an analysis of
the prospective market, the projected costs and revenues of the system, the
municipal waste stream that the system will rely upon and various options
available to implement the system.
Final closure—The date after which no further treatment, maintenance or
otheractionisorwillbenecessaryatamunicipalwasteprocessingordisposal
facility to ensure compliance with the act and this article.
Freeliquids—Liquidswhichreadilyseparatefromthesolidportionofwaste
under ambient temperature and pressure.
Friable asbestos containing waste—Waste containing more than 1% asbes-
tos by weight that hand pressure can crumble, pulverize or reduce to powder
when dry. The term also includes nonfriable asbestos containing waste which
is rendered friable during management.
General composting facility—Acomposting facility other than an individual
backyardcompostingfacilityoryardwastecompostingfacilityoperatingunder
§ 271.103(h) (relating to permit-by-rule for municipal waste processing facili-
ties other than for regulated medical or chemotherapeutic waste; qualifying
facilities; general requirements).
General permit—Except as provided in Subchapter J (relating to beneficial
use of sewage sludge by land application), a regional or Statewide permit
issued by the Department for a specified category of beneficial use or process-
ing of solid waste, the terms and conditions of which allow an original appli-
cant, a registrant and a person or municipality that obtains a determination of
applicability,tooperateunderthepermitifthetermsandconditionsoftheper-
mit and certain requirements of this article are met.
Generator—A person or municipality that produces or creates a municipal
waste.
Groundwater—Water beneath the surface of the ground that exists in a zone
of saturation.
Groundwater degradation—A measurable increase in the concentration of
oneormorecontaminantsingroundwaterabovebackgroundconcentrationsfor
those contaminants.
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Ch. 271 MUNICIPALWASTEMANAGEMENT 25 § 271.1
Hazardous waste—Garbage, refuse or sludge from an industrial or other
waste water treatment plant; sludge from a water supply treatment plant or air
pollution control facility; and other discarded material, including solid, liquid,
semisolid or contained gaseous material resulting from municipal, commercial,
industrial,institutional,mining,oragriculturaloperations,andfromcommunity
activities; or a combination of the above, which because of its quantity, con-
centration or physical, chemical or infectious characteristics may do one of the
following:
(i) Cause or significantly contribute to an increase in mortality or
increase in morbidity in either an individual or the total population.
(ii) Poseasubstantialpresentorpotentialhazardtohumanhealthorthe
environment when improperly treated, stored, transported, disposed of or
otherwise managed.
ThetermdoesnotincludecoalrefuseasdefinedintheCoalRefuseDisposal
ControlAct(52P.S.§§ 30.51—30.101).Thetermdoesnotincludetreatment
sludgesfromcoalminedrainagetreatmentplants,disposalofwhichisbeing
carried on under and in compliance with a valid permit issued under The
Clean Streams Law (35 P.S. §§ 691.1—691.1001). The term does not
include solid or dissolved material in domestic sewage, or solid or dissolved
materials in irrigation return flows or industrial discharges which are point
sources subject to permits under section 402 of the Federal Water Pollution
Control Act (33 U.S.C.A. § 1341) or source, special nuclear or byproduct
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.A.
§§ 2011—2284).
High grade office paper—Bond, copier, letterhead or mimeograph paper
typically sold as ‘‘white ledger’’paper; and computer paper.
Highly virulent diseases—Diseases derived from Class IV etiologic agents,
as defined by the Centers for Disease Control, United States Department of
Health and Human Services. Information about Class IV etiologic agents may
be obtained from CDC-NIH Biosafety, Microbiological and Biomedical Labo-
ratories Centers for Disease Control, 1600 Clifton Road, N.E.,Atlanta, Geor-
gia 30333.
Home self-care—The provision of medical care in the home setting (for
example, private residents) through either self-administration practices or by a
family member or other person.
Household hazardous waste—
(i) Waste generated by a household that could be chemically or physi-
cally classified as a hazardous waste under the standards of Article VII
(relating to hazardous waste management).
(ii) For the purpose of this definition, the term ‘‘household’’ includes
those places described as ‘‘households’’ in 40 CFR 261.4(b)(1) (relating to
exclusions).
Incineration—The act of reducing to ashes by combustion.
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Incinerator—An enclosed device using controlled combustion for the pri-
mary purpose of thermally breaking down solid waste, and which is equipped
with a flue as defined in § 121.1 (relating to definitions).
Incorporating—Injecting sludge beneath the surface of the soil or mixing
sludge with the surface soil.
Industrial establishment—An establishment engaged in manufacturing or
processing, including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Infectious agent—
(i) An organism, such as a virus or bacteria, that is capable of being
communicated by invasion and multiplication in body tissues and capable of
causing disease or adverse health impacts in humans.
(ii) The term does not include agents classified as Biosafety Level 1 by
afacilityengagedintheproductionorresearchanddevelopmentofvaccines
or other biologics classified under the NorthAmerican Industrial Classifica-
tionSystem(NAICS)asCode325414—BiologicalProduct(exceptDiagnos-
tic)ManufacturingorCode541711—ResearchandDevelopmentinBiotech-
nology, as determined by the protocols established in the most recent edition
of the Centers for Disease Control’s (CDC) Biosafety in Microbial and Bio-
medical Laboratories (BMBL) existing at the time the waste is generated.
Infectious waste—
(i) General. Municipal and residual waste which is generated in the
diagnosis, treatment, immunization or autopsy of human beings or animals,
inresearchpertainingthereto,inthepreparationofhumanoranimalremains
forintermentorcremation,orintheproductionortestingofbiologicals,and
which falls under one or more of the following categories:
(A) Cultures and stocks. Cultures and stocks of infectious agents and
associated biologicals, including the following:
(I) Cultures from medical and pathological laboratories.
(II) Cultures and stocks of infectious agents, and cell lines that
have been exposed to infectious agents from research and industrial
laboratories.
(III) Wastes from the production of biologicals.
(IV) Discarded live and attenuated vaccines except for residue in
emptied containers, as determined by applying the criteria in 40 CFR
261.7(b)(1)or(2)(relatingtoresiduesofhazardouswasteinemptycon-
tainers) to the residue remaining in the container.
(V) Culture dishes, assemblies and devices used to conduct diag-
nostic tests or to transfer, inoculate and mix cultures.
(B) Pathological wastes. Human pathological wastes, including tis-
sues, organs and body parts and body fluids that are removed during sur-
gery,autopsy,othermedicalproceduresorlaboratoryprocedures.Theterm
does not include hair, nails or extracted teeth.
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(374688) No.483 Feb. 15 Copyright(cid:2)2015CommonwealthofPennsylvania