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RULE §205.1Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

  (1) Compliance history--The record of all notices from the commission, including notices of violation from the executive director; and of all orders of the commission, of any other agency or political subdivision of the State of Texas and of the United States Environmental Protection Agency (EPA) pertaining to an applicant's adherence to environmental laws and rules of the State of Texas or the United States; with the terms of any permit, compliance agreement or order issued by the commission or the USEPA; and with any final judicial decision or settlement addressing the applicant's adherence to such environmental laws and rules. The history shall be for the five-year period before the date on which the NOI is filed or, if an NOI is not required, the five-year period before the permittee begins operating under the general permit. It shall not include any order that is precluded by its terms or by law from becoming part of the applicant's compliance history.

  (2) General permit--A permit issued under the provisions of this chapter authorizing the discharge of waste into or adjacent to water in the state for one or more categories of waste discharge within a geographical area of the state or the entire state as provided by Texas Water Code (TWC), §26.040.

  (3) Individual permit--A permit, as defined in the TWC, §26.001, issued by the commission or the executive director to a specific person or persons in accordance with the procedures prescribed in the TWC, Chapter 26, (other than TWC, §26.040).

  (4) Notice of change or NOC--A written submittal to the executive director from a discharger authorized under a general permit providing changes to information previously provided to the agency, or any changes with respect to the nature or operations of the facility, or the characteristics of the discharge.

  (5) Notice of intent or NOI--A written submittal to the executive director from a discharger requesting coverage under the terms of a general permit.

  (6) Notice of termination or NOT--A written submittal to the executive director from a discharger authorized under a general permit requesting termination of coverage.

  (7) Texas Pollutant Discharge Elimination System (TPDES)--The state program authorized under Clean Water Act, §§307, 318, 402, and 405 for issuing, amending, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements under the Texas Water Code and Texas Administrative Code regulations.

Source Note: The provisions of this §205.1 adopted to be effective June 21, 1998, 23 TexReg 6227; amended to be effective September 13, 2000, 25 TexReg 8862

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