(C) waste materials that result from activities associated
with the exploration, development, or production of oil or gas or
geothermal resources and other substance or material regulated by
the Railroad Commission of Texas under Natural Resources Code, §91.101,
unless the waste, substance, or material results from activities associated
with gasoline plants, natural gas liquids processing plants, pressure
maintenance plants, or repressurizing plants and is hazardous waste
as defined by the administrator of the United States Environmental
Protection Agency under the federal Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act, as amended (42 United
States Code (USC), §§6901 et seq. );
or
(D) post-use polymers or recoverable feedstocks processed
through pyrolysis or gasification that do not qualify as hazardous
waste under the Resource Conservation and Recovery Act of 1976 (42
USC, §§6901 et seq. ).
(152) Solid waste management unit--A landfill, surface
impoundment, waste pile, furnace, incinerator, kiln, injection well,
container, drum, salt dome waste containment cavern, land treatment
unit, tank, container storage area, or any other structure, vessel,
appurtenance, or other improvement on land used to manage solid waste.
(153) Source-separated recyclable material--Recyclable
material from residential, commercial, municipal, institutional, recreational,
industrial, and other community activities, that at the point of generation
has been separated, collected, and transported separately from municipal
solid waste (MSW), or transported in the same vehicle as MSW, but
in separate containers or compartments. Source-separation does not
require the recovery or separation of non-recyclable components that
are integral to a recyclable product, including:
(A) the non-recyclable components of white goods, whole
computers, whole automobiles, or other manufactured items for which
dismantling and separation of recyclable from non-recyclable components
by the generator are impractical, such as insulation or electronic
components in white goods;
(B) source-separated recyclable material rendered unmarketable
by damage during collection, unloading, and sorting, such as broken
recyclable glass; and
(C) tramp materials, such as:
(i) glass from recyclable metal windows;
(ii) nails and roofing felt attached to recyclable
shingles;
(iii) nails and sheetrock attached to recyclable lumber
generated through the demolition of buildings; and
(iv) pallets and packaging materials.
(154) Special waste--Any solid waste or combination
of solid wastes that because of its quantity, concentration, physical
or chemical characteristics, or biological properties requires special
handling and disposal to protect the human health or the environment.
If improperly handled, transported, stored, processed, or disposed
of or otherwise managed, it may pose a present or potential danger
to the human health or the environment. Special wastes are:
(A) hazardous waste from conditionally exempt small-quantity
generators that may be exempt from full controls under Chapter 335,
Subchapter N of this title (relating to Household Hazardous Wastes);
(B) Class 1 industrial nonhazardous waste;
(C) untreated medical waste;
(D) municipal wastewater treatment plant sludges, other
types of domestic sewage treatment plant sludges, and water-supply
treatment plant sludges;
(E) septic tank pumpings;
(F) grease and grit trap wastes;
(G) wastes from commercial or industrial wastewater
treatment plants; air pollution control facilities; and tanks, drums,
or containers used for shipping or storing any material that has been
listed as a hazardous constituent in 40 Code of Federal Regulations
(CFR) Part 261, Appendix VIII but has not been listed as a commercial
chemical product in 40 CFR §261.33(e) or (f);
(H) slaughterhouse wastes;
(I) dead animals;
(J) drugs, contaminated foods, or contaminated beverages,
other than those contained in normal household waste;
(K) pesticide (insecticide, herbicide, fungicide, or
rodenticide) containers;
(L) discarded materials containing asbestos;
(M) incinerator ash;
(N) soil contaminated by petroleum products, crude
oils, or chemicals in concentrations of greater than 1,500 milligrams
per kilogram total petroleum hydrocarbons; or contaminated by constituents
of concern that exceed the concentrations listed in Table 1 of §335.521(a)(1)
of this title (relating to Appendices);
(O) used oil;
(P) waste from oil, gas, and geothermal activities
subject to regulation by the Railroad Commission of Texas when those
wastes are to be processed, treated, or disposed of at a solid waste
management facility authorized under this chapter;
(Q) waste generated outside the boundaries of Texas
that contains:
(i) any industrial waste;
(ii) any waste associated with oil, gas, and geothermal
exploration, production, or development activities; or
(iii) any item listed as a special waste in this paragraph;
(R) lead acid storage batteries; and
(S) used-oil filters from internal combustion engines.
(155) Stabilized sludges--Those sludges processed to
significantly reduce pathogens, by processes specified in 40 Code
of Federal Regulations Part 257, Appendix II.
(156) Storage--The keeping, holding, accumulating,
or aggregating of solid waste for a temporary period, at the end of
which the solid waste is processed, disposed, or stored elsewhere.
(A) Examples of storage facilities are collection points
for:
(i) only nonputrescible source-separated recyclable
material;
(ii) consolidation of parking lot or street sweepings
or wastes collected and received in sealed plastic bags from such
activities as periodic citywide cleanup campaigns and cleanup of rights-of-way
or roadside parks; and
(iii) accumulation of used or scrap tires prior to
transportation to a processing or disposal facility.
(B) Storage includes operation of pre-collection or
post-collection as follows:
(i) pre-collection--that storage by the generator,
normally on his premises, prior to initial collection; or
(ii) post-collection--that storage by a transporter
or processor, at a processing facility, while the waste is awaiting
processing or transfer to another storage, disposal, or recovery facility.
(157) Storage battery--A secondary battery, so called
because the conversion from chemical to electrical energy is reversible
and the battery is thus rechargeable. Secondary or storage batteries
contain an electrode made of sponge lead and lead dioxide, nickel-iron,
nickel-cadmium, silver-zinc, or silver-cadmium. The electrolyte used
is sulfuric acid. Other types of storage batteries contain lithium,
sodium-liquid sulfur, or chlorine-zinc using titanium electrodes.
(158) Structural components--Liners, leachate collection
systems, final covers, run-on/run-off systems, and any other component
used in the construction and operation of the municipal solid waste
landfill that is necessary for protection of human health and the
environment.
(159) Surface impoundment--A natural topographic depression,
man-made excavation, or diked area formed primarily of earthen materials
(although it may be lined with man-made materials) that is designed
to hold an accumulation of liquids; examples include holding, storage,
settling, and aeration pits, ponds, and lagoons.
(160) Surface water--Surface water as included in water
in the state.
(161) Tank--A stationary device, designed to contain
an accumulation of solid waste, which is constructed primarily of
non-earthen materials (e.g., wood, concrete, steel, plastic) that
provide structural support.
(162) Tank system--A solid waste storage or processing
tank and its associated ancillary equipment and containment system.
(163) Transfer station--A facility used for transferring
solid waste from collection vehicles to long-haul vehicles (one transportation
unit to another transportation unit). It is not a storage facility
such as one where individual residents can dispose of their wastes
in bulk storage containers that are serviced by collection vehicles.
(164) Transportation unit--A truck, trailer, open-top
box, enclosed container, rail car, piggy-back trailer, ship, barge,
or other transportation vehicle used to contain solid waste being
transported from one geographical area to another.
Cont'd... |