| (112) PCBs or polychlorinated biphenyl compounds--Compounds
subject to 40 Code of Federal Regulations Part 761.
(113) Permit--A written permit issued by the commission
which, by its conditions, may authorize the permittee to construct,
install, modify, or operate a specified municipal hazardous waste
or industrial solid waste treatment, storage, or disposal facility
in accordance with specified limitations.
(114) Personnel or facility personnel--All persons
who work at, or oversee the operations of, a solid waste or hazardous
waste facility, and whose actions or failure to act may result in
noncompliance with the requirements of this chapter.
(115) Pesticide--Has the definition adopted under §335.261
of this title (relating to Universal Waste Rule).
(116) Petroleum substance--A crude oil or any refined
or unrefined fraction or derivative of crude oil which is a liquid
at standard conditions of temperature and pressure.
(A) Except as provided in subparagraph (C) of this
paragraph for the purposes of this chapter, a "petroleum substance"
shall be limited to a substance in or a combination or mixture of
substances within the following list (except for any listed substance
regulated as a hazardous waste under the federal Solid Waste Disposal
Act, Subtitle C (42 United States Code (USC), §§6921, et seq.)) and which is liquid at standard
conditions of temperature (20 degrees Centigrade) and pressure (1
(i) basic petroleum substances--i.e., crude oils, crude
oil fractions, petroleum feedstocks, and petroleum fractions;
(ii) motor fuels--a petroleum substance which is typically
used for the operation of internal combustion engines and/or motors
(which includes, but is not limited to, stationary engines and engines
used in transportation vehicles and marine vessels);
(iii) aviation gasolines--i.e., Grade 80, Grade 100,
and Grade 100-LL;
(iv) aviation jet fuels--i.e., Jet A, Jet A-1, Jet
B, JP-4, JP-5, and JP-8;
(v) distillate fuel oils--i.e., Number 1-D, Number
1, Number 2-D, and Number 2;
(vi) residual fuel oils--i.e., Number 4-D, Number 4-light,
Number 4, Number 5-light, Number 5-heavy, and Number 6;
(vii) gas-turbine fuel oils--i.e., Grade O-GT, Grade
1-GT, Grade 2-GT, Grade 3-GT, and Grade 4-GT;
(viii) illuminating oils--i.e., kerosene, mineral seal
oil, long-time burning oils, 300 oil, and mineral colza oil;
(ix) lubricants--i.e., automotive and industrial lubricants;
(x) building materials--i.e., liquid asphalt and dust-laying
(xi) insulating and waterproofing materials--i.e.,
transformer oils and cable oils; and
(xii) used oils--See definition for "used oil" in this
(B) For the purposes of this chapter, a "petroleum
substance" shall include solvents or a combination or mixture of solvents
(except for any listed substance regulated as a hazardous waste under
the federal Solid Waste Disposal Act, Subtitle C (42 USC, §§6921, et seq.)) and which is liquid at standard
conditions of temperature (20 degrees Centigrade) and pressure (1
atmosphere) i.e., Stoddard solvent, petroleum spirits, mineral spirits,
petroleum ether, varnish makers' and painters' naphthas, petroleum
extender oils, and commercial hexane.
(C) The following materials are not considered petroleum
(i) polymerized materials, i.e., plastics, synthetic
rubber, polystyrene, high and low density polyethylene;
(ii) animal, microbial, and vegetable fats;
(iii) food grade oils;
(iv) hardened asphalt and solid asphaltic materials--i.e.,
roofing shingles, roofing felt, hot mix (and cold mix); and
(117) Pile--Any noncontainerized accumulation of solid,
nonflowing solid waste or hazardous waste that is used for processing
or storage, and that is not a corrective action management unit or
a containment building.
(118) Plasma arc incinerator--Any enclosed device using
a high intensity electrical discharge or arc as a source of heat followed
by an afterburner using controlled flame combustion and which is not
listed as an industrial furnace.
(119) Post-closure order--An order issued by the commission
for post-closure care of interim status units, a corrective action
management unit unless authorized by permit, or alternative corrective
action requirements for contamination commingled from Resource Conservation
and Recovery Act and solid waste management units.
(120) Poultry--Chickens or ducks being raised or kept
on any premises in the state for profit.
(121) Poultry carcass--The carcass, or part of a carcass,
of poultry that died as a result of a cause other than intentional
slaughter for use for human consumption.
(122) Poultry facility--A facility that:
(A) is used to raise, grow, feed, or otherwise produce
poultry for commercial purposes; or
(B) is a commercial poultry hatchery that is used to
produce chicks or ducklings.
(123) Primary exporter--Any person who is required
to originate the manifest for a shipment of hazardous waste in accordance
with the regulations contained in 40 Code of Federal Regulations Part
262, Subpart B, which are in effect as of November 8, 1986, or equivalent
state provision, which specifies a treatment, storage, or disposal
facility in a receiving country as the facility to which the hazardous
waste will be sent and any intermediary arranging for the export.
(124) Processing--The extraction of materials, transfer,
volume reduction, conversion to energy, or other separation and preparation
of solid waste for reuse or disposal, including the treatment or neutralization
of solid waste or hazardous waste, designed to change the physical,
chemical, or biological character or composition of any solid waste
or hazardous waste so as to neutralize such waste, or so as to recover
energy or material from the waste or so as to render such waste nonhazardous,
or less hazardous; safer to transport, store or dispose of; or amenable
for recovery, amenable for storage, or reduced in volume. The transfer
of solid waste for reuse or disposal as used in this definition does
not include the actions of a transporter in conveying or transporting
solid waste by truck, ship, pipeline, or other means. Unless the executive
director determines that regulation of such activity is necessary
to protect human health or the environment, the definition of processing
does not include activities relating to those materials exempted by
the administrator of the United States Environmental Protection Agency
in accordance with the federal Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act, 42 United States Code,
§§6901 et seq., as amended.
(125) Publicly-owned treatment works (POTW)--Any device
or system used in the treatment (including recycling and reclamation)
of municipal sewage or industrial wastes of a liquid nature which
is owned by a state or municipality (as defined by the Clean Water
Act, §502(4)). The definition includes sewers, pipes, or other
conveyances only if they convey wastewater to a POTW providing treatment.
(126) Qualified groundwater scientist--A scientist
or engineer who has received a baccalaureate or post-graduate degree
in the natural sciences or engineering, and has sufficient training
and experience in groundwater hydrology and related fields as may
be demonstrated by state registration, professional certifications,
or completion of accredited university courses that enable that individual
to make sound professional judgments regarding groundwater monitoring
and contaminant fate and transport.
(127) Receiving country--A foreign country to which
a hazardous waste is sent for the purpose of treatment, storage, or
disposal (except short-term storage incidental to transportation).
(128) Regional administrator--The regional administrator
for the United States Environmental Protection Agency region in which
the facility is located, or his designee.
(129) Remediation--The act of eliminating or reducing
the concentration of contaminants in contaminated media.
(130) Remediation waste--All solid and hazardous wastes,
and all media (including groundwater, surface water, soils, and sediments)
and debris, which contain listed hazardous wastes or which themselves
exhibit a hazardous waste characteristic, that are managed for the
purpose of implementing corrective action requirements under §335.167
of this title (relating to Corrective Action for Solid Waste Management
Units) and Texas Water Code, §7.031 (Corrective Action Relating
to Hazardous Waste). For a given facility, remediation wastes may
originate only from within the facility boundary, but may include
waste managed in implementing corrective action for releases beyond
the facility boundary under §335.166(5) of this title (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
(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
(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
(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
(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 Cont'd...