The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise. All other words and terms in this subchapter shall have
the meanings assigned in the Texas Parks and Wildlife Code.
(1) Canal--an artificial waterway used for the transportation
of water for agricultural and/or industrial purposes but for no other
purpose.
(2) EPA--the United States Environmental Protection
Agency.
(3) Governing entity--the state agency or other political
subdivision with jurisdiction over a public body of surface water.
(4) Floating aquatic vegetation--A plant species that
occurs on the surface of a lake or pond without attachment by roots
to the soil at the bottom of the waterbody or free-floating mats of
fragments of ordinarily rooted species of vegetation that have become
dislodged through natural processes such as flooding.
(5) Integrated pest management--the coordinated use
of pest and environmental information and pest control methods to
prevent unacceptable levels of pest damage by the most economical
means and in a manner that will cause the least possible hazard to
persons, property, and the environment. Integrated pest management
includes consideration of ecological, biological, chemical, and mechanical
strategies for control of nuisance aquatic vegetation.
(6) Licensed Applicator--a person who holds a valid
license for aquatic herbicide application from the Texas Department
of Agriculture.
(7) Local plan--a local aquatic vegetation management
plan authorized by Parks and Wildlife Code, §11.083 and meeting
the requirements in §57.933 of this title (relating to Adoption
and Applicability of Local Aquatic Vegetation Plans) and §57.934
of this title (relating to Local Aquatic Vegetation Plan).
(8) MCL--maximum contaminant level.
(9) NPDES--National Pollutant Discharge Elimination
System. The NPDES Permit Program is administered by EPA under the
Clean Water Act.
(10) Nuisance aquatic vegetation--any non-native or
native vascular plant species that is determined, in consideration
of TPWD guidance, to have the potential to substantially interfere
with the uses of a public body of surface water.
(11) Public body of surface water--any body of surface
water that is not used exclusively for an agricultural purpose. The
term does not include impounded water on private property or water
being transported in a canal.
(12) Public drinking water provider--any person who
owns or operates a system for the provision to the public of water
for human consumption through pipes or other constructed conveyances,
if such system has at least fifteen service connections or regularly
serves at least twenty-five individuals at least 60 days out of the
year.
(13) State plan--the state aquatic vegetation management
plan authorized by Parks and Wildlife Code, §11.082, and described
in §57.931 of this title (relating to State Aquatic Vegetation
Plan Applicability) and §57.932 of this title (relating to State
Aquatic Vegetation Plan).
(14) TCEQ--Texas Commission on Environmental Quality.
(15) TDA--the Texas Department of Agriculture.
(16) TPWD--the Texas Parks and Wildlife Department.
(17) Treatment proposal--a submission to TPWD on a
TPWD-approved form that describes intended measures to control nuisance
aquatic vegetation.
(18) Water district--a conservation and reclamation
district or an authority created under authority of Section 52(b)(1)
or (2), Article III, or Section 59, Article XVI, Texas Constitution,
that has jurisdiction over a public body of surface water. The term
does not include a navigation district or a port authority.
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Source Note: The provisions of this §57.930 adopted to be effective February 6, 2001, 26 TexReg 1152; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective June 28, 2022, 47 TexReg 3691 |