The words and terms used in this subchapter have the meanings
given in the Waste Reduction Policy Act of 1991, or the regulations
promulgated thereunder. The following words and terms, when used in
this subchapter, shall have the following meanings, unless the context
clearly indicates otherwise. Further, the following words and terms,
as defined herein, shall only have application to this subchapter.
(1) Base year--The year preceding the first year of
(2) Environment--Water, air, and land and the interrelationship
that exists among and between water, air, land, and all living things.
(3) Facility--All buildings, equipment, structures,
and other stationary items located on a single site or on contiguous
or adjacent sites that are owned or operated by a person who is subject
to this subchapter or by a person who controls, is controlled by,
or is under common control with a person subject to this subchapter.
(4) Generator and generator of hazardous waste--Has
the meaning assigned by Texas Health and Safety Code, §361.131.
A person whose act or process produces industrial solid waste or hazardous
waste or whose act first causes an industrial solid waste or a hazardous
waste to be regulated by the commission.
(5) Media and medium--Air, water, and land into which
waste is emitted, released, discharged, or disposed.
(6) Pollutant or contaminant--Includes any element,
substance, compound, disease-causing agent, or mixture that after
release into the environment and on exposure, ingestion, inhalation,
or assimilation into any organism, either directly from the environment
or indirectly by ingestion through food chains, will or may reasonably
be anticipated to cause death, disease, behavioral abnormalities,
cancer, genetic mutation, physiological malfunctions, including malfunctions
in reproduction, or physical deformations in the organism or its offspring.
The term does not include petroleum, crude oil, or any fraction of
crude oil that is not otherwise specifically listed or designated
as a hazardous substance under §101(14)(A) - (F) of the environmental
response law, nor does it include natural gas, natural gas liquids,
liquefied natural gas, synthetic gas of pipeline quality, or mixtures
of natural gas and synthetic gas.
(7) Release--Any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, dumping,
or disposing into the environment. The term does not include:
(A) a release that results in an exposure to a person
solely within a workplace, concerning a claim that the person may
assert against the person's employer;
(B) an emission from the engine exhaust of a motor
vehicle, rolling stock, aircraft, vessel, or pipeline pumping station
(C) a release of source, by-product, or special nuclear
material from a nuclear incident, as those terms are defined by the
Atomic Energy Act of 1954, as amended ((42 United States Code, §§2011 et seq. ), if the release is subject to requirements
concerning financial protection established by the United States Nuclear
Regulatory Commission under that Act, §170;
(D) for the purposes of the federal Comprehensive Environmental
Responsibility, Compensation and Liability Act (Superfund), §104,
or other response action, a release of source, by-product, or special
nuclear material from a processing site designated under the Uranium
Mill Tailings Radiation Control Act of 1978 (42 United States Code, §7912
and §7942), §102(a)(1), or §302(a)); and
(E) the normal application of fertilizer.
(8) Source reduction--Has the meaning assigned by the
federal Pollution Prevention Act of 1990, Publication Law 101-508, §6603,
104 Stat. 1388. The term ''source reduction'' means any practice which:
(A) reduces the amount of any hazardous substance,
pollutant, or contaminant entering any waste stream or otherwise released
into the environment (including fugitive emissions) prior to recycling,
treatment, or disposal; and
(B) reduces the hazards to public health and the environment
associated with the release of such substances, pollutants, or contaminants.
The term includes equipment or technology modifications, process or
procedure modifications, reformulation or redesign of products, substitution
of raw materials, and improvements in housekeeping, maintenance, training,
or inventory control.
(9) Tons--2,000 pounds, also referred to as short tons.
(10) Toxic release inventory--A program which includes
those chemicals on the list in Committee Print Number 99-169 of the
United States Senate Committee on Environment and Public Works, titled
"Toxic Chemicals Subject to the Emergency Planning and Community Right-To-Know
Act of 1986 (EPCRA, 42 United States Code, §11023), 313" including
any revised version of the list as may be made by the administrator
of the EPA.
(11) Waste minimization--A practice that reduces the
environmental or health hazards associated with hazardous wastes,
pollutants, or contaminants. Examples may include reuse, recycling,
neutralization, and detoxification.