24.0804 Definitions.

Cite as [A.S.A.C. § 24.0804]

As used in this chapter:

(1) “Acutely hazardous waste” means the hazardous wastes identified in Appendix A of these standards and regulations, which are appended hereto and incorporated by reference herein. In addition, those toxic substances set forth at 40 CFR 261.33(f) shall also be considered acutely hazardous wasters for purposes of this chapter.

(2) “ASEPA” means the American Samoa Environment Protection Agency.

(3) “Compatibility” means the property of a material or waste that permits its use with other materials or wastes without resulting in a present threat to public health and safety or the environment.

(4) “Discharge” includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, placing or dumping of hazardous substances into or on any land or water so that such hazardous substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. Such term excludes continuous or anticipated intermittent discharges from a point source allowed under a NPDES permit or other permit issued by ASEPA.

(5) “Disposal” means the placement or destruction of toxic, radioactive, or other wastes; surplus or banned pesticides or other chemicals; polluted soil; and drums containing hazardous materials from removal actions or accidental releases. Disposal may be performed, as approved by ASEPA, through use of secure landfills, surface impoundments, land farming, deep-well injection, ocean dumping, or incineration.

(6) “Executive director” means the executive director of the Environment Quality Commission and the director of the American Samoa Environment Protection Agency (ASEPA).

(7) “Generator” means any person, by site, whose act or process produces hazardous waste identified in the manner required by section 24.0814 of this chapter or whose act first causes a hazardous waste to become subject to regulation.

(8) “Hazardous material” means the materials regulated by the U.S. Department of Transportation that require special handling and controls.

(9) “Hazardous substance” means either a “hazardous material” or “hazardous wastes” or both, as defined in these standards and regulations.

(10) “Hazardous wastes” means solid waste, or a combination of solid wastes determined to be hazardous under 24.0814 of this chapter which, because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, or pose substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed or otherwise managed.

(11) “Manifest” means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage.

(12) “Material safety data sheet (MSDS) ” means a document that presents information, required under U.S. Occupational Safety and Health Act standards, on a chemical’s physical properties, health effects, and use precautions.

(13) “PCB Article means any manufactured article, other than a PCB container, that contains PCBs and whose surface(s) has been in direct contact with PCBs. Articles include capacitors, transformers, electric motors, pumps, pipes, and other manufactured items (1) that are formed to a specific shape or design during manufacture, (2) that have end-use functions dependent in part or in whole on the shape or design during end-use, and (3) that have either no change of chemical composition during end-use or only changes of composition having no commercial purpose separate from that of the PCB article.

(14) “PCB item” means any PCB article, PCB article container, PCB container, or PCB equipment that deliberately or unintentionally contains or has as a part of it any PCB or PCBs.

(15) “PCBs (polychlorinated biphenyls) ” means a group of toxic, persistent chemicals used in transformers and capacitors for insulation and in gas pipeline systems as a lubricant.

(16) “Person” means an individual, a corporation, a partnership, a trust, an association, or any other private entity or any public body or officer, employee, agent, department, or instrumentality of the U.S Government or of a foreign government.

(17) “Regulated medical waste (RMW) ” means waste that is produced as the direct result of patient care at a health care facility and that has the potential to endanger individual or community health, welfare or the environment if improperly managed.

(18) “ Release” means spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including the abandonment or discarding of barrels, containers, and other closed receptacles containing hazardous substances, pollutants, or contaminants, but excluding:

(A) A release that results in exposure of persons solely within a workplace, for which exposure such persons may assert a claim against their employer;

(B) Emissions from the engine exhaust of a motor vehicle, rolling stock, an aircraft, a vessel, or a pipeline-pumping station engine and from the normal application of fertilizer.

(19) “Solid waste” means garbage, refuse, sludge, hazardous waste and other discarded materials resulting from industrial and commercial operations and from community activities, including sludge from a wastewater treatment plant, but does not include other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluent, dissolved material in irrigation return flows, or other common water pollutants.

(20) “Treatment” means a method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of a hazardous waste to neutralize the waste or to recover energy or material resources from the wastes, or to render such waste non-hazardous or less hazardous; safer to transport, store, or dispose of; amenable to recovery or to storage; or reduced in volume.

History: Rule 02-01, eff 30 Aug 01.