| (relating
to Corrective Action Program) or §335.167(c) of this title.
(131) Remove--To take waste, contaminated design or
operating system components, or contaminated media away from a waste
management unit, facility, or area to another location for treatment,
storage, or disposal.
(132) Replacement unit--A landfill, surface impoundment,
or waste pile unit:
(A) from which all or substantially all the waste is
removed; and
(B) that is subsequently reused to treat, store, or
dispose of hazardous waste. "Replacement unit" does not apply to a
unit from which waste is removed during closure, if the subsequent
reuse solely involves the disposal of waste from that unit and other
closing units or corrective action areas at the facility, in accordance
with an approved closure plan or United States Environmental Protection
Agency or state approved corrective action.
(133) Representative sample--A sample of a universe
or whole (e.g., waste pile, lagoon, groundwater) which can be expected
to exhibit the average properties of the universe or whole.
(134) Run-off--Any rainwater, leachate, or other liquid
that drains over land from any part of a facility.
(135) Run-on--Any rainwater, leachate, or other liquid
that drains over land onto any part of a facility.
(136) Saturated zone or zone of saturation--That part
of the earth's crust in which all voids are filled with water.
(137) Shipment--Any action involving the conveyance
of municipal hazardous waste or industrial solid waste by any means
off-site.
(138) Sludge dryer--Any enclosed thermal treatment
device that is used to dehydrate sludge and that has a maximum total
thermal input, excluding the heating valve of the sludge itself, of
2,500 British thermal units per pound of sludge treated on a wet-weight
basis.
(139) Small quantity generator--A generator who generates
less than 1,000 kilograms of hazardous waste in a calendar month.
(140) Solid waste--
(A) Any garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant or air pollution control facility,
and other discarded material, including solid, liquid, semisolid,
or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations, and from community
and institutional activities, but does not include:
(i) solid or dissolved material in domestic sewage,
or solid or dissolved material in irrigation return flows, or industrial
discharges subject to regulation by permit issued in accordance with
Texas Water Code, Chapter 26 (an exclusion applicable only to the
actual point source discharge that does not exclude industrial wastewaters
while they are being collected, stored, or processed before discharge,
nor does it exclude sludges that are generated by industrial wastewater
treatment);
(ii) uncontaminated soil, dirt, rock, sand, and other
natural or man-made inert solid materials used to fill land if the
object of the fill is to make the land suitable for the construction
of surface improvements. The material serving as fill may also serve
as a surface improvement such as a structure foundation, a road, soil
erosion control, and flood protection. Man-made materials exempted
under this provision shall only be deposited at sites where the construction
is in progress or imminent such that rights to the land are secured
and engineering, architectural, or other necessary planning have been
initiated. Waste disposal shall be considered to have occurred on
any land which has been filled with man-made inert materials under
this provision if the land is sold, leased, or otherwise conveyed
prior to the completion of construction of the surface improvement.
Under such conditions, deed recordation shall be required. The deed
recordation shall include the information required under §335.5(a)
of this title (relating to Deed Recordation of Waste Disposal), prior
to sale or other conveyance of the property;
(iii) waste materials which result from activities
associated with the exploration, development, or production of oil
or gas or geothermal resources, as those activities are defined in
this section, and any other substance or material regulated by the
Railroad Commission of Texas in accordance with the Texas Natural
Resources Code, §91.101, unless such waste, substance, or material
results from activities associated with gasoline plants, natural gas,
or natural gas liquids processing plants, pressure maintenance plants,
or repressurizing plants and is a hazardous waste as defined by the
administrator of the United States Environmental Protection Agency
in accordance with the federal Solid Waste Disposal Act, 42 United
States Code, §§6901 et seq., as
amended; or
(iv) a material excluded by 40 Code of Federal Regulations
(CFR) §§261.4(a)(1) - (22), and (26), 261.39, and 261.40,
as amended through July 31, 2013 (78 FR 46448), subject to the changes
in this clause, or by variance granted under §335.18 of this
title (relating to Variances from Classification as a Solid Waste)
and §335.19 of this title (relating to Standards and Criteria
for Variances from Classification as a Solid Waste). For the purposes
of the exclusions under 40 CFR §261.39 and §261.40, 40 CFR
§261.41 is adopted by reference as amended through July 28, 2006
(71 FR 42928). For the purposes of the exclusion under 40 CFR §261.4(a)(16),
40 CFR §261.38 is adopted by reference as amended through July
10, 2000 (65 FR 42292), and is revised as follows, with "subparagraph
(A)(iv) under the definition of 'solid Waste' in 30 TAC §335.1"
meaning "subparagraph (A)(iv) under the definition of 'solid Waste'
in §335.1 of this title (relating to Definitions)":
(I) in the certification statement under 40 CFR §261.38(c)(1)(i)(C)(4),
the reference to "40 CFR §261.38" is changed to "40 CFR §261.38,
as revised under subparagraph (A)(iv) under the definition of 'solid
Waste' in 30 TAC §335.1," and the reference to "40 CFR §261.28(c)(10)"
is changed to "40 CFR §261.38(c)(10)";
(II) in 40 CFR §261.38(c)(2), the references to
"§260.10 of this chapter" are changed to "§335.1 of this
title (relating to Definitions)," and the reference to "parts 264
or 265 of this chapter" is changed to "Chapter 335, Subchapter E of
this title (relating to Interim Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, or Disposal Facilities) or
Chapter 335, Subchapter F of this title (relating to Permitting Standards
for Owners and Operators of Hazardous Waste Treatment, Storage, or
Disposal Facilities)";
(III) in 40 CFR §261.38(c)(3) - (5), the references
to "parts 264 and 265, or §262.34 of this chapter" are changed
to "Chapter 335, Subchapter E of this title (relating to Interim Standards
for Owners and Operators of Hazardous Waste Treatment, Storage, or
Disposal Facilities) and Chapter 335, Subchapter F of this title (relating
to Permitting Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, or Disposal Facilities), or §335.69 of this
title (relating to Accumulation Time)";
(IV) in 40 CFR §261.38(c)(5), the reference to
"§261.6(c) of this chapter" is changed to "§335.24(e) and
(f) of this title (relating to Requirements for Recyclable Materials
and Nonhazardous Recyclable Materials)";
(V) in 40 CFR §261.38(c)(7), the references to
"appropriate regulatory authority" and "regulatory authority" are
changed to "executive director";
(VI) in 40 CFR §261.38(c)(8), the reference to
"§262.11 of this chapter" is changed to "§335.62 of this
title (relating to Hazardous Waste Determination and Waste Classification)";
(VII) in 40 CFR §261.38(c)(9), the reference to
"§261.2(c)(4) of this chapter" is changed to §335.1(140)(D)(iv)
" of this title (relating to Definitions)"; and
(VIII) in 40 CFR §261.38(c)(10), the reference
to "implementing authority" is changed to "executive director."
(B) A discarded material is any material which is:
(i) abandoned, as explained in subparagraph (C) of
this paragraph;
(ii) recycled, as explained in subparagraph (D) of
this paragraph;
(iii) considered inherently waste-like, as explained
in subparagraph (E) of this paragraph; or
(iv) a military munition identified as a solid waste
in 40 CFR §266.202.
(C) Materials are solid wastes if they are abandoned
by being:
(i) disposed of;
(ii) burned or incinerated; or
Cont'd... |
