§ 35-11-103 — Definitions

(a) For the purpose of this act, unless the context
otherwise requires:
(i) "Department" means the department of
environmental quality established by this act;
(ii) "Council" means the environmental quality
council established by this act;
(iii) "Director" means the director of the department
of environmental quality;
(iv) "Board" means one (1) or more of the advisory
boards in each division of air, land, or water quality;
(v) "Administrator" means the administrator of each
division of the department;
(vi) "Person" means an individual, partnership, firm,
association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution,
utility, cooperative, municipality or any other political
subdivision of the state, or any interstate body or any other
legal entity;
(vii) "Aggrieved party" means any person named or
admitted as a party or properly seeking or entitled as of right
to be admitted as a party to any proceeding under this act
because of damages that person may sustain or be claiming
because of his unique position in any proceeding held under this
act;
(viii) "Interstate agency" means an agency of two (2)
or more states established by or pursuant to an agreement or
compact approved by the United States Congress or any other
agency of two (2) or more states, having substantial powers or
duties pertaining to the control of air, land or water
pollution;
(ix) "Municipality" means a city, town, county,
district, association or other public body;
(x) "Nonpoint source" means any source of pollution
other than a point source. For purposes of W.S. 16-1-201
through 16-1-207 only, nonpoint source includes leaking
underground storage tanks as defined by W.S. 35-11-1415(a)(ix)
and aboveground storage tanks as defined by W.S.
35-11-1415(a)(xi);
(xi) "Point source" means any discernible, confined
and discrete conveyance, including but not limited to any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation
or vessel or other floating craft, from which pollutants are or
may be discharged;
(xii) The singular includes the plural, the plural
the singular, and the masculine and feminine or neuter, when
consistent with the intent of this act and necessary to effect
its purpose;
(xiii) "This act" means W.S. 35-11-101 through 35-11-
403, 35-11-405, 35-11-406, 35-11-408 through 35-11-1106, 35-11-
1414 through 35-11-1432, 35-11-1601 through 35-11-1613, 35-11-
1701, 35-11-1801 through 35-11-1803, 35-11-2001 through 35-11-
2004 and 35-11-2101.
(b) Specific definitions applying to air quality:
(i) "Air contaminant" means odorous material, dust,
fumes, mist, smoke, other particulate matter, vapor, gas or any
combination of the foregoing, but shall not include steam or
water vapor;
(ii) "Air pollution" means the presence in the
outdoor atmosphere of one (1) or more air contaminants in such
quantities and duration which may be injurious to human health
or welfare, animal or plant life, or property, or unreasonably
interferes with the enjoyment of life or property;
(iii) "Clean Air Act" means the federal Clean Air Act
of 1977, as amended by P.L. 101-549;
(iv) "Emission" means a release into the outdoor
atmosphere of air contaminants;
(v) "Operating permit program" means the permitting
program authorized by W.S. 35-11-203 through 35-11-212
implementing a state plan pursuant to the 1990 amendments to the
Clean Air Act;
(vi) "Stationary source" means any building,
structure, facility or installation which emits or may emit any
air contaminant.
(c) Specific definitions applying to water quality:
(i) "Pollution" means contamination or other
alteration of the physical, chemical or biological properties of
any waters of the state, including change in temperature, taste,
color, turbidity or odor of the waters or any discharge of any
acid or toxic material, chemical or chemical compound, whether
it be liquid, gaseous, solid, radioactive or other substance,
including wastes, into any waters of the state which creates a
nuisance or renders any waters harmful, detrimental or injurious
to public health, safety or welfare, to domestic, commercial,
industrial, agricultural, recreational or other legitimate
beneficial uses, or to livestock, wildlife or aquatic life, or
which degrades the water for its intended use, or adversely
affects the environment. This term does not mean water, gas or
other material which is injected into a well to facilitate
production of oil, or gas or water, derived in association with
oil or gas production and disposed of in a well, if the well
used either to facilitate production or for disposal purposes is
approved by authority of the state, and if the state determines
that such injection or disposal well will not result in the
degradation of ground or surface or water resources;
(ii) "Wastes" means sewage, industrial waste and all
other liquid, gaseous, solid, radioactive, or other substances
which may pollute any waters of the state;
(iii) "Sewerage system" means pipelines, conduits,
storm sewers, pumping stations, force mains, and all other
constructions, devices, appurtenances and facilities used for
collecting or conducting wastes to an ultimate point for
treatment or disposal;
(iv) "Treatment works" means any plant or other works
used for the purpose of treating, stabilizing or holding wastes;
(v) "Disposal system" means a system for disposing of
wastes, either by surface or underground methods, including
sewerage systems, treatment works, disposal wells, and
absorption fields;
(vi) "Waters of the state" means all surface and
groundwater, including waters associated with wetlands, within
Wyoming;
(vii) "Discharge" means any addition of any pollution
or wastes to any waters of the state;
(viii) "Public water supply" means a system for the
provision to the public of water for human consumption through
pipes or constructed conveyances, if such system has at least
fifteen (15) service connections or regularly serves at least
twenty-five (25) individuals. Public water supply shall
include:
(A) Any collection, treatment, storage and
distribution facility under control of the operator of the
facility and used primarily in connection with the system; and
(B) Any collection or pretreatment storage
facilities not under the control of the operator which are used
primarily in connection with the system.
(ix) "Small wastewater system" means any sewerage
system, disposal system or treatment works having simple
hydrologic and engineering needs which is intended for wastes
originating from a single residential unit serving no more than
four (4) families or which distributes two thousand (2,000)
gallons or less of domestic sewage per day;
(x) "Wetlands" means those areas in Wyoming having
all three (3) essential characteristics:
(A) Hydrophytic vegetation;
(B) Hydric soils; and
(C) Wetland hydrology.
(xi) "Compensatory mitigation" means replacement,
substitution or enhancement of ecological functions and wetland
values to offset anticipated losses of those values caused by
filling, draining or otherwise damaging a wetland;
(xii) "Ecological function" means the ability of an
area to support vegetation and fish and wildlife populations,
recharge aquifers, stabilize base flows, attenuate flooding,
trap sediment and remove or transform nutrients and other
pollutants;
(xiii) "Mitigation" means all actions to avoid,
minimize, restore and compensate for ecological functions or
wetland values lost;
(xiv) "Natural wetlands" means those wetlands that
occur independently of human manipulation of the landscape;
(xv) "Man-made wetlands" means those wetlands that
are created intentionally or occur incidental to human
activities, and includes any enhancement made to an existing
wetland which increases its function or value;
(xvi) "Wetland value" means those socially
significant attributes of wetlands such as uniqueness, heritage,
recreation, aesthetics and a variety of economic values;
(xvii) "Community water system" means a public water
supply that has at least fifteen (15) service connections used
year-round by residents or that regularly provides water to at
least twenty-five (25) residents year-round, including, but not
limited to, municipalities and water districts;
(xviii) "Nontransient noncommunity water system"
means a public water supply which is not a community water
system and which regularly provides service to at least twenty-
five (25) of the same persons for more than six (6) months of
the year where those persons are not full-time residents,
including, but not limited to, schools, factories and office
buildings;
(xix) "Credible data" means scientifically valid
chemical, physical and biological monitoring data collected
under an accepted sampling and analysis plan, including quality
control, quality assurance procedures and available historical
data;
(xx) "Geologic sequestration" means the injection of
carbon dioxide and associated constituents into subsurface
geologic formations intended to prevent its release into the
atmosphere;
(xxi) "Geologic sequestration site" means the
underground geologic formations where the carbon dioxide is
intended to be stored;
(xxii) "Geologic sequestration facilities" means the
surface equipment used for transport, storage and injection of
carbon dioxide.
(d) Specific definitions applying to solid waste
management:
(i) "Solid waste" means garbage, and other discarded
solid materials, materials, including solid waste materials
resulting from industrial, commercial, and agricultural
operations, and from community activities, but, unless disposed
of at a solid waste management facility, does not include any of
the following:
(A) Solids or dissolved material in domestic
sewerage or other significant pollutants in water resources,
such as silt, dissolved or suspended solids in industrial waste
water effluents, dissolved materials in irrigation return flows
or other common water pollutants;
(B) Liquids, solids, sludges or dissolved
constituents which are collected or separated in process units
for recycling, recovery or reuse including the recovery of
energy, within a continuous or batch manufacturing or refining
process;
(C) Agricultural materials which are recycled in
the production of agricultural commodities;
(D) Post-use polymers and recovered feedstocks
converted at an advanced recycling facility or held at an
advanced recycling facility before conversion through an
advanced recycling process.
(ii) "Solid waste management facility" means any
facility for the transfer, treatment, processing, storage or
disposal of solid waste, but does not include any of the
following:
(A) Lands or facilities subject to the
permitting requirements of article 3 of this act;
(B) Facilities which would have been subject to
the permitting requirements of article 3 of this act if
constructed after July 1, 1973;
(C) Any facility described under W.S.
30-5-104(d)(vi)(A) or (B);
(D) Lands and facilities subject to the
permitting requirements of article 2, 3 or 4 of this act used
solely for the management of wastes generated within the
boundary of the permitted facility or mine operation by the
facility or mine owner or operator or from a mine mouth electric
power plant or coal drier;
(E) Lands and facilities owned by a person
engaged in farming or ranching and used to dispose of solid
waste generated incidental to his farming and ranching
operations;
(F) Transport vehicles, storage containers and
treatment of the waste in containers;
(G) Lands and facilities subject to W.S. 35-11-
402(a)(xiii) or (xv);
(H) Advanced recycling facilities.
(iii) "Cost effective" means the selection of
alternative responses taking into account total short-term and
long-term costs of those responses including the costs of
operation and maintenance for the entire activity, the presence
of naturally occurring hazardous or toxic substances, current or
potential uses of the natural resources impacted;
(iv) "Commercial solid waste management facility"
means any facility receiving a monthly average greater than five
hundred (500) short tons per day of unprocessed household refuse
or mixed household and industrial refuse for management or
disposal, excluding lands and facilities subject to W.S. 35-11-
402(a)(xiii);
(v) "Commercial radioactive waste management
facility" means any facility used or intended to be used to
receive for disposal, storage, reprocessing or treatment, any
amount of radioactive wastes which are generated by any person
other than the facility owner or operator, or which are
generated at a location other than the location of the facility,
but does not include:
(A) Uranium mill tailings facilities licensed by
the United States Nuclear Regulatory Commission which receive in
situ leaching uranium mining byproduct materials or are
specifically authorized by the department on a limited basis to
receive small quantities of wastes defined in section 11e.(2) of
the Atomic Energy Act of 1954, 42 U.S.C. § 2014(e)(2), as
amended, which were generated by persons other than the facility
owner or operator or which were generated at a location other
than the location of the facility, or both; and
(B) Facilities used for the temporary storage of
radioactive wastes generated by the facility owner or operator,
including facilities for the temporary storage of naturally
occurring radioactive materials generated during the course of
oil or natural gas exploration or production, provided the
storage of radioactive wastes is in compliance with applicable
state and federal law; and
(C) Permitted solid waste disposal facilities
which are authorized by the director to receive small quantities
of radioactive wastes containing only naturally occurring
radioactive materials, or which receive radioactive materials
that have been exempted from regulation under section 10 of the
Low-Level Radioactive Waste Policy Amendments Act of 1985, 42
U.S.C. § 2021j, or both if found by the department not to
threaten human health and the environment; and
(D) Federally owned facilities used exclusively
for the storage, reprocessing or treatment of spent reactor
fuel;
(E) Facilities licensed by the United States
nuclear regulatory commission whose sole purpose is to receive
in situ leaching uranium mining byproduct materials as defined
in section 11e.(2) of the Atomic Energy Act of 1954, 42 U.S.C. §
2014(e)(2), as amended.
(vi) "Long term remediation and monitoring trust"
means a trust account established to provide funding for
perpetual monitoring, maintenance and remediation of any
commercial radioactive waste management facility. The adequacy
of the initial and subsequent funding, including the quality of
any bond or letter of credit, shall be determined jointly by the
director, the insurance commissioner and the attorney general.
Expenditures from the trust shall be only for commercial
radioactive waste regulation, monitoring and remediation;
(vii) "Hazardous waste" means any liquid, solid,
semisolid or contained gaseous waste or combination of those
wastes which because of quantity, concentration or physical,
chemical or infectious characteristics may cause or
significantly contribute to detrimental human health effects, or
pose a substantial present or potential hazard to human health
or the environment. Only those materials listed as hazardous
wastes by the United States environmental protection agency's
hazardous waste management regulations or which exhibit a
hazardous waste characteristic specified by the environmental
protection agency shall be considered hazardous wastes.
Hazardous waste does not include those hazardous wastes exempted
under the Resource Conservation and Recovery Act, P.L. 94-580,
or under the United States environmental protection agency's
hazardous waste management regulations for the period that they
remain exempted by congressional or administrative action;
(viii) "Composite liner" means a system consisting of
two (2) components; the upper component must consist of a
minimum thirty (30) mil flexible membrane liner (FML) and the
lower component shall consist of at least a two (2) foot layer
of compacted soil with a hydraulic conductivity of no more than
1 x 10-7 centimeters per second. A flexible membrane liner
components consisting of high density polyethylene (HDPE) shall
be at least sixty (60) mil thick. The flexible membrane liner
component shall be installed in direct and uniform contact with
the compacted soil component;
(ix) "Leachate" means liquid that has passed through
or emerged from solid waste and contains soluble, suspended or
miscible materials removed from such wastes;
(x) "Statistical power" means the probability of
detecting change given that a change has truly occurred;
(xi) "Eligible leaking municipal solid waste
landfill" means the landfills identified by the department under
the priority list for municipal solid waste landfills that need
remediation created pursuant to W.S. 35-11-524(b).
(xii) "Advanced recycling" means a manufacturing
process for the conversion of post-use polymers and recovered
feedstocks into basic hydrocarbon raw materials, feedstocks,
chemical and other products like waxes and lubricants through
processes that include but are not limited to pyrolysis,
gasification, depolymerization, catalytic cracking,
hydrogenation, solvolysis and other similar technologies;
(xiii) "Advanced recycling facility" means a
manufacturing facility that receives, stores and converts post-
use polymers and recovered feedstocks using advanced recycling.
(e) Specific definitions for land quality:
(i) "Reclamation" means the process of reclaiming an
area of land affected by mining to use for grazing,
agricultural, recreational, wildlife purposes, or any other
purpose of equal or greater value. The process may require
contouring, terracing, grading, resoiling, revegetation,
compaction and stabilization, settling ponds, water
impoundments, diversion ditches, and other water treatment
facilities in order to eliminate water diminution to the extent
that existing water sources are adversely affected, pollution,
soil and wind erosion, or flooding resulting from mining or any
other activity to accomplish the reclamation of the land
affected to a useful purpose;
(ii) "Minerals" means coal, clay, stone, sand,
gravel, bentonite, scoria, rock, pumice, limestone, ballast
rock, uranium, gypsum, feldspar, copper ore, iron ore, oil
shale, trona, and any other material removed from the earth for
reuse or further processing;
(iii) "Contouring" means grading or backfilling and
grading the land affected and reclaiming it to the proposed
future use with adequate provisions for drainage. Depressions to
accumulate water are not allowed except if approved as part of
the reclamation plan;
(iv) "Overburden" means all of the earth and other
materials which lie above the mineral deposit and also means
such earth and other materials disturbed from their natural
state in the process of mining, or mining from exposed natural
deposits;
(v) "Underground mining" means the mining of minerals
by man-made excavation underneath the surface of the earth;
(vi) "Pit" means a tract of land from which
overburden has been or is being removed for the purpose of
surface mining or mining from an exposed natural deposit;
(vii) "Adjacent lands" means all lands within
one-half mile of the proposed permit area;
(viii) "Operation" means all of the activities,
equipment, premises, facilities, structures, roads,
rights-of-way, waste and refuse areas excluding uranium mill
tailings and mill facilities, within the Nuclear Regulatory
Commission license area, storage and processing areas, and
shipping areas used in the process of excavating or removing
overburden and minerals from the affected land or for removing
overburden for the purpose of determining the location, quality
or quantity of a natural mineral deposit or for the reclamation
of affected lands;
(ix) "Operator" means any person, as defined in this
act, engaged in mining, either as a principal who is or becomes
the owner of minerals as a result of mining, or who acts as an
agent or independent contractor on behalf of such principal in
the conduct of mining operations;
(x) "Surface mining" means the mining of minerals by
removing the overburden lying above natural deposits thereof and
mining directly from the natural deposits thereby exposed,
including strip, open pit, dredging, quarrying, surface
leaching, and related activities;
(xi) "Mining permit" means certification by the
director that the affected land described may be mined for
minerals by a licensed operator in compliance with an approved
mining plan and reclamation plan. No mining may be commenced or
conducted on land for which there is not in effect a valid
mining permit. A mining permit shall remain valid and in force
from the date of its issuance until the termination of all
mining and reclamation operations, except as otherwise provided
in this act;
(xii) "Spoil pile" means the overburden or any reject
minerals as piled or deposited by surface or underground mining;
(xiii) "A license to mine for minerals" means the
certification from the administrator that the licensee has the
right to conduct mining operations on the subject lands in
compliance with this act; for which a valid permit exists; that
he has deposited a bond conditioned on his faithful fulfillment
of the requirements thereof; and that upon investigation the
administrator has determined that the licensed mining operation
is within the purposes of this act;
(xiv) "Topsoil" means soil on the surface prior to
mining that will support plant life;
(xv) "Exploration by dozing" means the removal of
overburden by trenching with a bulldozer or other earth moving
equipment to expose possible indications of mineralization;
(xvi) "Affected land" means the area of land from
which overburden is removed, or upon which overburden,
development waste rock or refuse is deposited, or both,
including access roads, haul roads, mineral stockpiles, mill
tailings excluding uranium mill tailings, and mill facilities,
within the Nuclear Regulatory Commission license area,
impoundment basins excluding uranium mill tailings impoundments,
and all other lands whose natural state has been or will be
disturbed as a result of the operations;
(xvii) "Refuse" means all waste material directly
connected with mining including overburden, reject mineral or
mill tailings excluding uranium mill tailings, which have passed
through a processing plant prior to deposition on affected land;
(xviii) "Alluvial valley floors" means the
unconsolidated stream laid deposits holding streams where water
availability is sufficient for subirrigation or flood irrigation
agricultural activities but does not include upland areas which
are generally overlain by a thin veneer of colluvial deposits
composed chiefly of debris from sheet erosion, deposits by
unconcentrated runoff or slope wash, together with talus, other
mass movement accumulation and windblown deposits;
(xix) "Prime farmland" shall have the same meaning as
that previously prescribed by the United States secretary of
agriculture on the basis of such factors as moisture
availability, temperature regime, chemical balance,
permeability, surface layer composition, susceptibility to
flooding and erosion characteristics, and which historically
have been used for intensive agricultural purposes, and as
published in the federal register;
(xx) "Surface coal mining operation" means:
(A) Activities conducted on the surface of lands
in connection with a surface coal mine or with the surface
impacts incident to an underground coal mine as provided in
Section 516 of P.L. 95-87. These activities include excavation
for the purpose of obtaining coal including common methods as
contour, strip, auger, mountaintop removal, box cut, open pit
and area mining, the use of explosives and blasting, and in situ
distillation or retorting, leaching or other chemical or
physical processing, and the cleaning, concentrating or other
processing or preparation, and the loading of coal; and
(B) The areas upon which these activities occur
or where these activities disturb the land surface. These areas
shall also include any adjacent land the use of which is
incidental to any of these activities, all lands affected by the
construction of new roads or the improvement or use of existing
roads to gain access to the site of these activities and for
haulage, and excavations, workings, impoundments, dams,
ventilation shafts, entry ways, refuse banks, dumps, stockpiles,
overburden piles, spoil banks, culm banks, tailings, holes or
depressions, repair areas, storage areas, processing areas,
shipping areas and other areas upon which are sited structures,
facilities or other property or materials on the surface,
resulting from or incident to these activities.
(xxi) "Steep slope surface coal mining operation"
means a surface coal mining operation where mining occurs along
the contour of a steep slope generally exceeding twenty (20)
degrees and which, because of the steepness of the terrain,
requires special spoil handling procedures;
(xxii) "Complete application" under W.S. 35-11-406(e)
means that the application contains all the essential and
necessary elements and is acceptable for further review for
substance and compliance with the provisions of this chapter;
(xxiii) "Interim mine stabilization" means a
temporary cessation of mining operation within the terms of a
valid permit to mine;
(xxiv) "Deficiency" means an omission or lack of
sufficient information serious enough to preclude correction or
compliance by stipulation in the approved permit to be issued by
the director;
(xxv) "Imminent or continuous threat" means, with
respect to the coal mine subsidence mitigation program, physical
data which shows an immediate significant threat of damage from
mine subsidence or insurance claim records which support
progressive and continuous mine subsidence loss damage to
structure;
(xxvi) "Fish and wildlife habitat" means land
dedicated wholly or partially to the production, protection or
management of species of fish or wildlife;
(xxvii) "Grazingland" includes rangelands and
forestlands where the indigenous native vegetation is actively
managed for grazing, browsing, occasional hay production, and
occasional use by wildlife;
(xxviii) Repealed by Laws 1994, ch. 87, § 2.
(xxix) Repealed by Laws 1994, ch. 87, § 2.
(xxx) Repealed by Laws 1994, ch. 87, § 2.
(xxxi) "Inert material" means a material that is
suitable as backfill into non-coal mining sites as determined by
W.S. 35-11-402(a)(xv).
(f) Specific definitions applying to in situ mining are:
(i) "Best practicable technology" means a technology
based process justifiable in terms of existing performance and
achievability in relation to health and safety which minimizes,
to the extent safe and practicable, disturbances and adverse
impacts of the operation on human or animal life, fish,
wildlife, plant life and related environmental values;
(ii) "Excursion" means any unwanted and unauthorized
movement of recovery fluid out of the production zone as a
result of in situ mining activities;
(iii) "Groundwater restoration" means the condition
achieved when the quality of all groundwater affected by the
injection of recovery fluids is returned to a quality of use
equal to or better than, and consistent with the uses for which
the water was suitable prior to the operation by employing the
best practicable technology;
(iv) "In situ mining" means a method of in-place
surface mining in which limited quantities of overburden are
disturbed to install a conduit or well and the mineral is mined
by injecting or recovering a liquid, solid, sludge or gas that
causes the leaching, dissolution, gasification, liquefaction or
extraction of the mineral. In situ mining does not include the
primary or enhanced recovery of naturally occurring oil and gas
or any related process regulated by the Wyoming oil and gas
conservation commission;
(v) "Production zone" means the geologic interval
into which recovery fluids are to be injected or extracted;
(vi) "Reclamation" includes groundwater restoration;
(vii) "Recovery fluid" means any material which flows
or moves, whether semi-solid, liquid, sludge, gas or other form
or state, used to dissolve, leach, gasify or extract a mineral;
(viii) "Research and development testing" means
conducting research and development activities to indicate
mineability or workability of and develop reclamation techniques
for an in situ operation.
(g) Specific definitions applying to voluntary
remediation, real property remediation account and innocent
owners:
(i) "Adjacent" means property contiguous to an
eligible site, and contiguous or noncontiguous property onto or
under which contaminants are known to have migrated from such
site;
(ii) "Certificate of completion" means a certificate
issued by the director stating that all remediation requirements
for a site have been successfully implemented or satisfied. The
certificate of completion shall incorporate any required
institutional and engineering controls for future use of the
site, which may include deed restrictions recorded by the site
owner. A certificate of completion may be conditioned upon the
duty to perform any continuing requirements specified in a
remedy agreement;
(iii) "Contaminant" means any chemical, material,
substance or waste:
(A) Which is regulated under any applicable
federal, state or local law or regulation;
(B) Which is classified as hazardous or toxic
under federal, state or local law or regulation; or
(C) To which exposure is regulated under
federal, state or local law or regulation.
(iv) "Covenant not to sue" means a written pledge
issued by the director stating that the state shall not sue the
person or any subsequent owner concerning contaminants and
liability addressed by a remedy agreement. A covenant not to
sue may be conditioned upon the duty to perform any continuing
requirements specified in a remedy agreement;
(v) "Engineering controls" means measures, such as
capping, containment, slurry walls, extraction wells or
treatment methods that are capable of managing environmental and
health risks by reducing contamination levels or limiting
exposure pathways;
(vi) "Governmental entity" shall have the following
meaning as determined by the location of an eligible site. For
the purposes of this definition, city shall include both first
class cities and towns:
(A) The city, for a site located entirely within
the boundary of that city;
(B) Both the city and county, for a site located
partially within that city or within the extraterritorial
boundary of a city;
(C) The county, for a site located outside the
boundary of a city and outside the extraterritorial boundary of
the city; or
(D) The federal land management agency, for a
site located on lands managed by that federal agency.
(vii) "Institutional controls" means restrictions on
the use of a site, including deed notices, voluntary deed
restrictions or other conditions, covenants or restrictions
imposed by the property owner and filed with the county clerk,
use control areas, and zoning regulations or restrictions;
(viii) "No further action letter" means a letter
issued by the director stating that the department has
determined that no further remediation is required on the site;
(ix) "Remediation" means all actions necessary to
assess, test, investigate or characterize a site, and to clean
up, remove, treat, or in any other way address any contaminants
that are on, in or under a site or adjacent property to prevent,
minimize or mitigate harm to human health or the environment;
(x) "Site" means a parcel of real property;
(xi) "Use control area" means an area designated by a
governmental entity or entities for the purpose of controlling
current and future property uses;
(xii) "Bona fide prospective purchaser" means a
person who acquired ownership of contaminated real property
after January 11, 2002 which the person knew to be contaminated
at the time of acquisition and can establish each of the
following:
(A) All release or disposal of contaminants
located at the real property occurred before the person acquired
the property;
(B) The owner or prospective purchaser stopped
all continuing releases of contamination from the property;
(C) The owner or prospective purchaser prevented
any threatened future release from the existing contamination;
(D) The owner or prospective purchaser prevented
or limited human, environmental and natural resource exposure to
previously released hazardous substances;
(E) The department has been notified in writing
of the presence of contamination;
(F) The prospective purchaser is not potentially
liable or affiliated with a potentially liable party for
response costs at the property through:
(I) Familial relationships;
(II) Contractual, corporate or financial
relationships; or
(III) The reorganization of a potentially
liable business.
(h) Specific definitions applying to municipal solid waste
landfills:
(i) "Aquifer" means an underground geologic
formation:
(A) Which has boundaries that may be ascertained
or reasonably inferred;
(B) In which water stands, flows or percolates;
(C) Which is capable of yielding to wells or
springs significant quantities of groundwater that may be put to
beneficial use; and
(D) Which is capable of yielding to wells or
springs which produce a sustainable volume of more than one-half
(1/2) gallon of water per minute.
(ii) "Credible data" means as defined in paragraph
(c)(xix) of this section;
(iii) "Groundwater" means any water, including hot
water and geothermal steam, under the surface of the land or the
bed of any stream, lake, reservoir or other body of surface
water, including water that has been exposed to the surface by
an excavation such as a pit which:
(A) Stands, flows or percolates; and
(B) Is capable of being produced to the ground
surface in sufficient quantity to be put to beneficial use.
(iv) "Lifetime" means the estimated time to fill and
close a municipal solid waste landfill, not to exceed twenty-
five (25) years.
(j) Specific definitions applying to nuclear regulatory
functions of the state as provided in article 20 of this
chapter:
(i) "Byproduct material" means the tailings or wastes
produced by the extraction or concentration of uranium or
thorium from any ore processed primarily for its source material
content as defined in section 11e.(2) of the Atomic Energy Act
of 1954, 42 U.S.C. § 2014(e)(2), as amended;
(ii) "Recovery or milling" means any activity that
generates byproduct material as defined in section 11e.(2) of
the Atomic Energy Act of 1954, 42 U.S.C. § 2014(e)(2), as
amended;
(iii) "Source material" means uranium or thorium, or
any combination thereof, in any physical or chemical form or
ores which contain by weight one-twentieth of one percent
(0.05%) or more of uranium, thorium, or any combination thereof.
Source material does not include special nuclear material.