| (a) The commission adopts by reference 40 Code of Federal
Regulations §257.53 (Definitions) as amended through the July
2, 2015, issue of the Federal Register (80
FR 37988 ), subject to the exceptions, modifications, and additions
under this section.
(b) The terms used in this chapter that are not defined
under this section are not given the definitions found in the United
States Resource Conservation and Recovery Act.
(c) The words and terms used in this chapter also have
the meanings in Chapter 3 of this title (relating to Definitions)
and the following additional meanings.
(1) Disposal--The discharge, deposit, injection, dumping,
spilling, leaking, or placing of any solid waste as defined in §335.1
of this title (relating to Definitions) into or on any land or water
so that such solid waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters,
including groundwaters. For purposes of this chapter, disposal does
not include the storage or the beneficial use of coal combustion residuals.
(2) Impacted property--The entire area (i.e., on-site
and off-site) containing any constituents listed in Appendix IV of §352.1431
of this title (relating to Appendix IV - Constituents for Assessment
Monitoring) that have been detected at statistically significant levels
exceeding the groundwater protection standards as determined in this
chapter from a unit subject to this chapter.
(3) Leachate--Any liquid that has passed through or
emerged from solid waste and contains soluble, suspended, or miscible
materials removed from such wastes.
(4) Licensed professional geoscientist--A geoscientist
who holds a valid license issued by the Texas Board of Professional
Geoscientists under the Texas Geoscience Practice Act.
(5) Off-site--Property which cannot be characterized
as on-site.
(6) On-site--The same or geographically contiguous
property which may be divided by public or private rights-of-way,
provided the entrance and exit between the properties is at a cross-roads
intersection, and access is by crossing, as opposed to going along,
the right-of-way. Noncontiguous properties owned by the same person
but connected by a right-of-way which the person controls and to which
the public does not have access, is also considered on-site property.
(7) Publicly accessible website--A website at which
all information required to be posted is immediately available to
anyone visiting the website, without requiring any prerequisite, such
as a registration or submittal of personal information, including
an e-mail address, or requirement to submit a document request. All
required information must be clearly identifiable and must be able
to be printed and downloaded by anyone accessing the website.
(8) Registration--Written authorization of specific
solid waste management activities relating to certain coal combustion
residuals, as authorized by this chapter.
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