(92) Municipal solid waste landfill unit--A discrete
area of land or an excavation that receives household waste and that
is not a land application unit, surface impoundment, injection well,
or waste pile, as those terms are defined under 40 Code of Federal
Regulations §257.2. A municipal solid waste (MSW) landfill unit
also may receive other types of Resource Conservation and Recovery
Act Subtitle D wastes, such as commercial solid waste, nonhazardous
sludge, conditionally exempt small-quantity generator waste, and industrial
solid waste. Such a landfill may be publicly or privately owned. An
MSW landfill unit may be a new MSW landfill unit, an existing MSW
landfill unit, a vertical expansion, or a lateral expansion.
(93) New facility--A municipal solid waste facility
that has not begun construction.
(94) Nonpoint source--Any origin from which pollutants
emanate in an unconfined and unchanneled manner, including, but not
limited to, surface runoff and leachate seeps.
(95) Non-regulated asbestos-containing material--Non-regulated
asbestos-containing material as defined in 40 Code of Federal Regulations
Part 61. This is asbestos material in a form such that potential health
risks resulting from exposure to it are minimal.
(96) Notification--The act of filing information with
the commission for specific solid waste management activities that
do not require a permit or a registration, as determined by this chapter.
(97) Nuisance--Municipal solid waste that is stored,
processed, or disposed of in a manner that causes the pollution of
the surrounding land, the contamination of groundwater or surface
water, the breeding of insects or rodents, or the creation of odors
adverse to human health, safety, or welfare. A nuisance is further
set forth in Texas Health and Safety Code, Chapters 341 and 382; Texas
Water Code, Chapter 26; and any other applicable regulation or statute.
(98) Open burning--The combustion of solid waste without:
(A) control of combustion air to maintain adequate
temperature for efficient combustion;
(B) containment of the combustion reaction in an enclosed
device to provide sufficient residence time and mixing for complete
combustion; and
(C) control of the emission of the combustion products.
(99) Operate--To conduct, work, run, manage, or control.
(100) Operating hours--The hours when the facility
is open to receive waste, operate heavy equipment, and transport materials
on- or off-site.
(101) Operating record--All plans, submittals, and
correspondence for a municipal solid waste facility required under
this chapter; required to be maintained at the facility or at a nearby
site acceptable to the executive director.
(102) Operation--A municipal solid waste (MSW) site
or facility is considered to be in operation from the date that solid
waste is first received or deposited at the MSW site or facility until
the date that the site or facility is properly closed in accordance
with this chapter.
(103) Operator--The person(s) responsible for operating
the facility or part of a facility.
(104) Owner--The person that owns a facility or part
of a facility.
(105) Permitted landfill--Any type of municipal solid
waste landfill that received a permit from the State of Texas to operate
and has not completed post-closure operations.
(106) Physical construction--The first placement of
permanent construction on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, the laying
of underground pipework, or any work beyond the stage of excavation.
Physical construction does not include land preparation, such as clearing,
grading, excavating, and filling; nor does it include the installation
of roads and/or walkways. Physical construction includes issuance
of a building or other construction permit, provided that permanent
construction commences within 180 days of the date that the building
permit was issued.
(107) 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 not listed
as an industrial furnace as defined by §335.1 of this title (relating
to Definitions).
(108) Point of compliance--A vertical surface located
no more than 500 feet from the hydraulically downgradient limit of
the waste management unit boundary, extending down through the uppermost
aquifer underlying the regulated units, and located on land owned
by the owner of the facility.
(109) Point source--Any discernible, confined, and
discrete conveyance, including, but not limited to, any pipe, ditch,
channel, tunnel, conduit, well, or discrete fissure from which pollutants
are or may be discharged.
(110) Pollutant--Contaminated dredged spoil, solid
waste, contaminated incinerator residue, sewage, sewage sludge, munitions,
chemical wastes, or biological materials discharged into water.
(111) Pollution--The man-made or man-induced alteration
of the chemical, physical, biological, or radiological integrity of
an aquatic ecosystem.
(112) Polychlorinated biphenyl (PCB)--Any chemical
substance that is limited to the biphenyl molecule that has been chlorinated
to varying degrees or any combination of substances that contains
such substance.
(113) Polychlorinated biphenyl (PCB) waste(s)--Those
PCBs and PCB items that are subject to the disposal requirements of
40 Code of Federal Regulations (CFR) Part 761. Substances that are
regulated by 40 CFR Part 761 include, but are not limited to: PCB
articles, PCB article containers, PCB containers, PCB-contaminated
electrical equipment, PCB equipment, PCB transformers, recycled PCBs,
capacitors, microwave ovens, electronic equipment, and light ballasts
and fixtures.
(114) Poor foundation conditions--Areas where features
exist, indicating that a natural or man-induced event may result in
inadequate foundation support for the structural components of a municipal
solid waste landfill unit.
(115) Population equivalent--The hypothetical population
that would generate an amount of solid waste equivalent to that actually
being managed based on a generation rate of five pounds per capita
per day and applied to situations involving solid waste not necessarily
generated by individuals. It is assumed, for the purpose of these
sections, that the average volume per ton of waste entering a municipal
solid waste disposal facility is three cubic yards.
(116) Post-consumer waste--A material or product that
has served its intended use and has been discarded after passing through
the hands of a final user. For the purposes of this subchapter, the
term does not include industrial or hazardous waste.
(117) Post-use polymers--Plastic polymers that derive
from any household, industrial, community, commercial, or other sources
of operations or activities that might otherwise become waste if not
converted into a valuable raw, intermediate, or final product. Post-use
polymers include used polymers that contain incidental contaminants
or impurities such as paper labels or metal rings but do not include
used polymers mixed with solid waste, medical waste, hazardous waste,
electronic waste, tires, or construction or demolition debris.
(118) Premises--A tract of land with the buildings
thereon, or a building or part of a building with its grounds or other
appurtenances.
(119) Process to further reduce pathogens--The process
to further reduce pathogens as described in 40 Code of Federal Regulations
Part 503, Appendix B.
(120) Processing--Activities including, but not limited
to, 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 waste,
designed to change the physical, chemical, or biological character
or composition of any waste to neutralize such waste, or to recover
energy or material from the waste, or render the waste safer to transport,
store, dispose of, or make it amenable for recovery, amenable for
storage, or reduced in volume. The term does not include pyrolysis
or gasification.
(121) Public highway--The entire width between property
lines of any road, street, way, thoroughfare, bridge, public beach,
or park in this state, not privately owned or controlled, if any part
of the road, street, way, thoroughfare, bridge, public beach, or park
is opened to the public for vehicular traffic, is used as a public
recreational area, or is under the state's legislative jurisdiction
through its police power.
(122) Putrescible waste--Organic wastes, such as garbage,
wastewater treatment plant sludge, and grease trap waste, that are
capable of being decomposed by microorganisms with sufficient rapidity
as to cause odors or gases or are capable of providing food for or
attracting birds, animals, and disease vectors.
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