The definitions contained in Texas Water Code, §26.001
apply to this chapter. The following words and terms, when used in
this chapter, have the following meanings.
(1) Affected person--A person who has a personal justiciable
interest related to a legal right, duty, privilege, power, or economic
interest affected by the application. An interest common to members
of the general public does not qualify as a personal justiciable interest.
The determination of whether a person is affected shall be governed
by §55.203 of this title (relating to Determination of Affected
Person).
(2) Application--A formal written request for commission
action relative to a permit, together with all materials and documents
submitted to complete the application.
(3) Commission--The Texas Commission on Environmental
Quality.
(4) Facility--Includes all contiguous land and fixtures,
structures, or appurtenances used for the collection, transportation,
and treatment of marine seawater and the storage, transportation,
and discharge of treated marine seawater and wastewater from a marine
seawater desalination project. A facility may consist of several storage,
processing, treatment, or disposal units.
(5) Marine seawater--Water that is derived from the
Gulf of Mexico.
(6) Marine seawater desalination project--An operation
that desalinates marine seawater. Marine seawater desalination project
does not include other businesses, entities, or operations that do
not desalinate marine seawater regardless of whether or not they are
associated with the desalination operation by ownership, location,
business structure, or business dependencies.
(7) Near-shore discharges--The discharge of wastewater
from a marine seawater desalination project into the Gulf of Mexico
where the point of discharge is located less than three miles seaward
from any point located on the coast of Texas. The three-mile boundary
shall be determined based on the Texas General Land Office map for
the Dispersant Use Pre-Approval Zone or based on a site-specific determination
made by the executive director.
(8) Off-shore discharges--The discharge of wastewater
from a marine seawater desalination project into the Gulf of Mexico
where the point of discharge is located three or more miles seaward
from any point located on the coast of Texas. The three-mile boundary
shall be determined based on the Texas General Land Office map for
the Dispersant Use Pre-Approval Zone or based on a site-specific determination
made by the executive director.
(9) Operator--The person responsible for the overall
operation of a facility.
(10) Outfall--The point or location where treated marine
seawater or wastewater is discharged from a marine seawater desalination
project into or adjacent to water in the state.
(11) Owner--The person who owns a facility or part
of a facility.
(12) Permit--A written document issued by the commission
which, by its conditions, may authorize the permittee to construct,
install, modify, or operate, in accordance with stated limitations,
a specified facility for treated marine seawater and reject water
discharges.
(13) Site--The land or water area where any marine
seawater desalination project is physically located or conducted,
including adjacent land or water used in connection with the marine
seawater desalination project.
(14) Treated marine seawater--Marine seawater that
has been treated to reduce salinity so as to meet standards that are
at least as stringent as the water quality standards adopted by the
commission applicable to the receiving stream or impoundment. More
stringent treatment may be required if the commission determines it
is necessary to protect water quality. Treated marine seawater is
not a pollutant discharge.
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