Definitions set forth in the Act that are not specifically included
in this section shall also apply. The following words and terms, when used
in this subchapter, shall have the following meanings, unless the context
clearly indicates otherwise.
(1) Agreed order or agreed administrative order--An administrative
order issued by the commission and agreed to by one or more PRPs for the purpose
of settling potential liability for the remedial investigation and/or remedial
action concerning a facility proposed for listing, or listed on, the State
(2) Divisible--Hazardous substance(s) released or threatened
to be released at or from a facility that are capable of being managed separately
under a remedial action plan.
(3) Facility--In accordance with the Act, §361.181(c),
a facility means:
(A) Any building, structure, installation, equipment, pipe
or pipeline (including any pipe into a sewer, public-owned treatment works,
well, pit, pond, lagoon, impoundment, ditch, landfill, storage container,
motor vehicle, rolling stock, or aircraft); or
(B) Any site or area where a hazardous substance has been deposited,
stored, disposed of, or placed or otherwise come to be located, but does not
include any consumer product in consumer use or any vessel.
(4) Feasibility study (FS)--A study which describes and evaluates
a set of remedial action alternatives for effectively mitigating or minimizing
damage to, and for providing adequate protection of, the public health and
safety and the environment in accordance with the requirements of §335.348
of this title (relating to General Requirements for Remedial Investigations).
(5) Good faith offer--A written proposal by one or more PRPs
which is not contingent on participation of other PRPs which, in the judgment
of the executive director, will:
(A) In the case of a good faith offer to fund or perform a
remedial investigation, fully and effectively determine the nature and extent
of the release or threatened release of hazardous substances and its impact
on air, soils, groundwater, and surface water, both within and beyond the
boundaries of the facility. The executive director will not consider an offer
a good faith offer unless it is an offer to fully fund or perform the remedial
investigation except in a claim of divisibility; or
(B) In the case of a good faith offer to fund or perform a
remedial action, fully and effectively mitigate or minimize damage to, and
provide adequate protection of, the public health and safety and the environment.
The executive director will not consider an offer a good faith offer unless
it is an offer to fully fund or perform the remedial action except in a claim
(6) Hazard ranking system--The method used by the EPA and the
agency to evaluate the relative potential of hazardous substance releases
to cause health or safety problems, ecological or environmental damage. The
scoring system was developed by the EPA as set out in 40 Code of Federal Regulations
(CFR) Part 300, Appendix A, as amended.
(7) Hazardous and Solid Waste Remediation Fee Account--The
fund as described in the Texas Health and Safety Code, §361.133.
(8) Health and safety plan--A document that addresses the protection
of on-site personnel and the public from potential hazards associated with
implementing the remedial investigation or remedial action at a particular
facility. The plan shall conform to applicable Occupational Safety and Health
Administrative Rules, including but not limited to relevant portions of 29
CFR §1910 and §1926.
(9) Imminent and substantial endangerment--A danger is imminent
if, given the entire circumstances surrounding each case, exposure of persons
or the environment to hazardous substances is more likely than not to occur
in the absence of preventive action. A danger is substantial if, given the
current state of scientific knowledge, the harm to public health and safety
or the environment which would result from exposure could cause adverse environmental
or health effects.
(10) Implementation schedule--A document describing the sequence,
duration and interdependency of each activity to be conducted during a remedial
investigation or remedial action.
(11) Nonparticipating PRPs--Potentially responsible parties
(A) Are unwilling or unable to join in the making of a good
(B) Are unwilling or unable to become a party to an agreed
order to perform an RI/FS, similar study, or remedial action; or
(C) Intentionally violate the terms of an agreed order so as
to substantially interfere with the achievement of the purposes of the agreed
(12) Operation and maintenance plan--A document detailing the
necessary operation and maintenance, inspection, and monitoring activities,
including schedules, required to maintain the attainment of performance goals
after completion of the implementation phase of the remedial action.
(13) Oversight costs--All administrative costs and costs for
technical and legal services incurred by the agency, or agents or contractors
for the agency, incurred in the determination of superfund eligibility, identification
of PRPs, oversight of the remedial investigation and remedial action, plus
all such costs incurred in verifying compliance by PRPs with the terms of
any agreed order which may be issued and costs incurred by the agency for
delisting a site from the State Registry and cost recovery costs.
(14) Potentially responsible party (PRP)--A person potentially
responsible for solid waste as defined in Texas Health and Safety Code, §361.271
(15) Presumptive remedy--A remedy in a commission document
titled "Presumptive Remedies" which describes site specific remedial alternatives
for a facility in lieu of a full feasibility study as required by §335.348
of this title.
(16) Quality assurance project plan (QAPP)--A document describing
in comprehensive detail the necessary quality assurance, quality control,
and other technical activities that must be implemented to meet the data quality
objectives during a remedial investigation or remedial action.
(17) Remedial action (RA)--An action, including remedial design
and post-closure care, consistent with a remedy taken instead of or in addition
to a removal action in the event of a release or threatened release of hazardous
substances into the environment to prevent or minimize the release of a hazardous
substance so that the hazardous substance does not cause an imminent and substantial
danger to present or future public health and safety or the environment. A
remedial action shall be conducted in accordance with Chapter 350, Subchapter
B of this title (relating to Remedy Standards).
(18) Remedial action drawings and specifications--Documents
that include the drawings showing the scope, extent, and character of the
work to be performed during the remedial action and the written technical
descriptions of materials, equipment, remediation systems, standards and workmanship
to be applied during the remedial action.
(19) Remedial design (RD)--A design consisting of the remedial
action drawings and specifications and other documents developed for the remedial
action in accordance with the requirements of §335.349(d) of this title
(relating to General Requirements For Remedial Activities).
(20) Remedial investigation (RI)--An investigative study (i.e.,
an affected property assessment conducted in accordance with Chapter 350,
Subchapter C of this title (relating to Affected Property Assessment) which
may include removals and/or a feasibility study, in addition to the development
of protective concentration levels in accordance with Chapter 350, Subchapter
D of this title (relating to Development of Protective Concentration Levels)
designed to adequately determine the nature and extent of a release or threatened
release of hazardous substances and, as appropriate, its impact on air, soils,
groundwater, and surface water, both within and beyond the boundaries of the
facility in accordance with the requirements of §335.348 of this title.
(21) Responsible party (RP)--A person responsible for solid
waste as defined in Texas Health and Safety Code, §361.271 and §361.275(g).
(22) Sampling and analysis plan (SAP)--A document describing
the specific sampling and analytical protocols to be implemented during a
remedial investigation or remedial action.
(23) Settlement offer--A written offer by a potentially responsible
party to fund or perform less than a full and complete remedial investigation
and/or remedial action.
(24) Spill/release contingency plan--A document describing
the sequences, procedures, and requirements to be implemented to protect both
workers at the facility and the public from hazardous exposure to releases
or spills resulting from the remedial action.
(25) Substantial change in use--A physical or functional alteration
of a facility, the effect of which is to interfere significantly with a proposed
or ongoing remedial investigation, proposed, ongoing, or completed remedial
action or to expose public health and safety or the environment to a significantly
increased threat of harm. The term includes, but is not limited to, actions
such as the erection or razing of a building or other structure at the facility,
the use of a facility for agricultural production, the paving over of a facility,
the creation of a park or other public or private recreational use on the
facility, and any other alteration of the site or activity which could interfere
with the performance of a remedial investigation or remedial action.