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RULE §57.930Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms in this subchapter shall have the meanings assigned in the Texas Parks and Wildlife Code.

  (1) Canal--an artificial waterway used for the transportation of water for agricultural and/or industrial purposes but for no other purpose.

  (2) EPA--the United States Environmental Protection Agency.

  (3) Governing entity--the state agency or other political subdivision with jurisdiction over a public body of surface water.

  (4) Floating aquatic vegetation--A plant species that occurs on the surface of a lake or pond without attachment by roots to the soil at the bottom of the waterbody or free-floating mats of fragments of ordinarily rooted species of vegetation that have become dislodged through natural processes such as flooding.

  (5) Integrated pest management--the coordinated use of pest and environmental information and pest control methods to prevent unacceptable levels of pest damage by the most economical means and in a manner that will cause the least possible hazard to persons, property, and the environment. Integrated pest management includes consideration of ecological, biological, chemical, and mechanical strategies for control of nuisance aquatic vegetation.

  (6) Licensed Applicator--a person who holds a valid license for aquatic herbicide application from the Texas Department of Agriculture.

  (7) Local plan--a local aquatic vegetation management plan authorized by Parks and Wildlife Code, §11.083 and meeting the requirements in §57.933 of this title (relating to Adoption and Applicability of Local Aquatic Vegetation Plans) and §57.934 of this title (relating to Local Aquatic Vegetation Plan).

  (8) MCL--maximum contaminant level.

  (9) NPDES--National Pollutant Discharge Elimination System. The NPDES Permit Program is administered by EPA under the Clean Water Act.

  (10) Nuisance aquatic vegetation--any non-native or native vascular plant species that is determined, in consideration of TPWD guidance, to have the potential to substantially interfere with the uses of a public body of surface water.

  (11) Public body of surface water--any body of surface water that is not used exclusively for an agricultural purpose. The term does not include impounded water on private property or water being transported in a canal.

  (12) Public drinking water provider--any person who owns or operates a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves at least twenty-five individuals at least 60 days out of the year.

  (13) State plan--the state aquatic vegetation management plan authorized by Parks and Wildlife Code, §11.082, and described in §57.931 of this title (relating to State Aquatic Vegetation Plan Applicability) and §57.932 of this title (relating to State Aquatic Vegetation Plan).

  (14) TCEQ--Texas Commission on Environmental Quality.

  (15) TDA--the Texas Department of Agriculture.

  (16) TPWD--the Texas Parks and Wildlife Department.

  (17) Treatment proposal--a submission to TPWD on a TPWD-approved form that describes intended measures to control nuisance aquatic vegetation.

  (18) Water district--a conservation and reclamation district or an authority created under authority of Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, that has jurisdiction over a public body of surface water. The term does not include a navigation district or a port authority.

Source Note: The provisions of this §57.930 adopted to be effective February 6, 2001, 26 TexReg 1152; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective June 28, 2022, 47 TexReg 3691

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