structure.
(108) Licensed professional geoscientist--A geoscientist
who maintains a current license through the Texas Board of Professional
Geoscientists in accordance with its requirements for professional
practice.
(109) Liner--A continuous layer of natural or man-made
materials, beneath or on the sides of a surface impoundment, landfill,
or landfill cell, which restricts the downward or lateral escape of
solid waste or hazardous waste, hazardous waste constituents, or leachate.
(110) Management or hazardous waste management--The
systematic control of the collection, source separation, storage,
transportation, processing, treatment, recovery, and disposal of solid
waste or hazardous waste.
(111) Manifest--The waste shipping document, United
States Environmental Protection Agency (EPA) Form 8700-22 (including,
if necessary, EPA Form 8700-22A), or the electronic manifest, originated
and signed by the generator or offeror in accordance with the applicable
requirements of this chapter and 40 Code of Federal Regulations Parts
262 - 265.
(112) Manifest tracking number--The alphanumeric identification
number (i.e., a unique three-letter suffix preceded by nine numerical
digits), which is pre-printed in Item 4 of the manifest by a registered
source.
(113) Military munitions--All ammunition products and
components produced or used by or for the Department of Defense (DOD)
or the United States Armed Services for national defense and security,
including military munitions under the control of the DOD, the United
States Coast Guard, the United States Department of Energy (DOE),
and National Guard personnel. The term "military munitions":
(A) includes confined gaseous, liquid, and solid propellants,
explosives, pyrotechnics, chemical and riot control agents, smokes,
and incendiaries used by DOD components, including bulk explosives
and chemical warfare agents, chemical munitions, rockets, guided and
ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition,
small arms ammunition, grenades, mines, torpedoes, depth charges,
cluster munitions and dispensers, demolition charges, and devices
and components thereof; and
(B) includes non-nuclear components of nuclear devices,
managed under DOE's nuclear weapons program after all required sanitization
operations under the Atomic Energy Act of 1954, as amended, have been
completed; but
(C) does not include wholly inert items, improvised
explosive devices, and nuclear weapons, nuclear devices, and nuclear
components thereof.
(114) Miscellaneous unit--A hazardous waste management
unit where hazardous waste is stored, processed, or disposed of and
that is not a container, tank, surface impoundment, pile, land treatment
unit, landfill, incinerator, boiler, industrial furnace, underground
injection well with appropriate technical standards under Chapter
331 of this title (relating to Underground Injection Control), corrective
action management unit, containment building, staging pile, or unit
eligible for a research, development, and demonstration permit or
under Chapter 305, Subchapter K of this title (relating to Research,
Development, and Demonstration Permits).
(115) Movement--That solid waste or hazardous waste
transported to a facility in an individual vehicle.
(116) Municipal hazardous waste--A municipal solid
waste or mixture of municipal solid wastes which has been identified
or listed as a hazardous waste by the administrator of the United
States Environmental Protection Agency.
(117) Municipal solid waste--Solid waste resulting
from or incidental to municipal, community, commercial, institutional,
and recreational activities; including garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles, and all other solid
waste other than industrial waste.
(118) New tank system or new tank component--A tank
system or component that will be used for the storage or processing
of hazardous waste and for which installation has commenced after
July 14, 1986; except, however, for purposes of 40 Code of Federal
Regulations (CFR) §264.193(g)(2) (incorporated by reference at §335.152(a)(8)
of this title (relating to Standards)) and 40 CFR §265.193(g)(2)
(incorporated by reference at §335.112(a)(9) of this title (relating
to Standards)), a new tank system is one for which construction commences
after July 14, 1986. (See also "Existing
tank system.")
(119) No free liquids--As used in 40 Code of Federal
Regulations §261.4(a)(26) and (b)(18), means that solvent-contaminated
wipes may not contain free liquids as determined by Method 9095B (Paint
Filter Liquids Test), included in "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods" (EPA Publication SW-846), which
is incorporated by reference at §335.31 of this title (relating
to Incorporation of References), and that there is no free liquid
in the container holding the wipes.
(120) Non-acute hazardous waste--All hazardous wastes
that are not acute hazardous waste, as defined in this section.
(121) Off-site--Property which cannot be characterized
as on-site.
(122) Onground tank--A device meeting the definition
of "Tank" in this section and that is situated in such a way that
the bottom of the tank is on the same level as the adjacent surrounding
surface so that the external tank bottom cannot be visually inspected.
(123) On-Site--The same or geographically contiguous
property which may be divided by public or private rights-of-way,
provided the entrance and exit between the properties is at a cross-roads
intersection, and access is by crossing, as opposed to going along,
the right-of-way. Noncontiguous properties owned by the same person
but connected by a right-of-way which he controls and to which the
public does not have access, is also considered on-site property.
(124) Open burning--The combustion of any material
without the following characteristics:
(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 emission of the gaseous combustion products. (See also "Incinerator" and "Thermal processing.")
(125) Operator--The person responsible for the overall
operation of a facility.
(126) Owner--The person who owns a facility or part
of a facility.
(127) Partial closure--The closure of a hazardous waste
management unit in accordance with the applicable closure requirements
of Subchapters E and F of this chapter (relating to Interim Standards
for Owners and Operators of Hazardous Waste Treatment, Storage, or
Disposal Facilities; and Permitting Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, or Disposal Facilities) at
a facility that contains other active hazardous waste management units.
For example, partial closure may include the closure of a tank (including
its associated piping and underlying containment systems), landfill
cell, surface impoundment, waste pile, or other hazardous waste management
unit, while other units of the same facility continue to operate.
(128) PCBs or polychlorinated biphenyl compounds--Compounds
subject to 40 Code of Federal Regulations Part 761.
(129) 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.
(130) 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.
(131) Pesticide--Has the definition adopted under §335.261
of this title (relating to Universal Waste Rule).
(132) 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
atmosphere):
(i) basic petroleum substances--i.e., crude oils, crude
oil fractions, petroleum feedstocks, and petroleum fractions;
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