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RULE §312.8General Definitions

  (61) Liner--Soil or synthetic material that has a hydraulic conductivity of 1 x 10-7 centimeters per second or less. Soil liners must be of suitable material with more than 30% passing a number 200 sieve, have a liquid limit greater than 30%, a plasticity index greater than 15, compaction of greater than 95% Standard Proctor at optimum moisture content, and will be at least two feet thick placed in six-inch lifts. Synthetic liners must be a membrane with a minimum thickness of 20 mils and include an underdrain leak detection system.

  (62) Lower explosive limit for methane gas--The lowest percentage of methane in air, by volume, that propagates a flame at 25 degrees Celsius and atmospheric pressure.

  (63) Major sole-source impairment zone--A watershed that contains a reservoir that is used by a municipality as a sole source of drinking water supply for a population of more than 140,000, inside and outside of its municipal boundaries; and into which at least half of the water flowing is from a source that, on September 1, 2001, is on the list of impaired state waters adopted by the commission as required by 33 United States Code, §1313(d), as amended, at least in part because of concerns regarding pathogens and phosphorus, and for which the commission at some time prepared and submitted a total maximum daily load standard.

  (64) Metal limit--A numerical value that describes the amount of a metal allowed per unit amount of sewage sludge, biosolids, or water treatment residuals (e.g., milligrams per kilogram of total solids); the amount of a metal that can be applied to or disposed onto a land application unit (e.g., kilograms per hectare); or the volume of a material that can be applied to a land application unit (e.g., gallons per acre).

  (65) Monofill--A landfill or landfill trench in which sewage sludge, biosolids, or water treatment residuals are the only type of solid waste placed.

  (66) Municipality--A city, town, county, district, association, or other public body (including an intermunicipal agency of two or more of the foregoing entities) created by or under state law; an Indian tribe or an authorized Indian tribal organization having jurisdiction over sewage sludge or biosolids management; or a designated and approved management agency under federal Clean Water Act, §208, as amended. The definition includes a special district created under state law, such as a water district, sewer district, sanitary district, or an integrated waste management facility as defined in federal Clean Water Act, §201(e), as amended, that has as one of its principal responsibilities the treatment, transport, use, or disposal of sewage sludge or biosolids.

  (67) Off-site--Property that cannot be characterized as "on-site."

  (68) On-site--The same or contiguous property owned, controlled, or supervised by the same person. If the property is divided by public or private right-of-way, the access must be by crossing the right-of-way or the right-of-way must be under the control of the person.

  (69) Operator--The person responsible for the overall operation of a facility, land application unit, or surface disposal site.

  (70) Other container--Either an open or closed receptacle, including, but not limited to, a bucket, box, or a vehicle or trailer with a load capacity of one metric ton (2,200 pounds) or less.

  (71) Owner--The person who owns a facility or part of a facility.

  (72) Pasture--Land that animals feed directly on for feed crops such as legumes, grasses, grain stubble, forbs, or stover.

  (73) Pathogenic organisms--Disease-causing organisms including, but not limited to, certain bacteria, protozoa, viruses, and viable helminth ova.

  (74) Person who prepares sewage sludge or biosolids--Either the person who generates sewage sludge or biosolids during the treatment of domestic sewage in a treatment works or the person who derives a material from sewage sludge or biosolids.

  (75) Place or placed sewage sludge or biosolids--Disposal of sewage sludge or biosolids on a surface disposal site.

  (76) Pollutant--An organic or inorganic substance, or a pathogenic organism that, after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the executive director, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in either organisms or offspring of the organisms.

  (77) Precipitation--Deposit on the land of rain, mist, hail, sleet, or snow that falls on the ground under the action of gravitational force.

  (78) Process or processing--For the purposes of this chapter, these terms shall have the same meaning as "treat" or "treatment."

  (79) Public contact site--Land with a high potential for contact by the public. This includes, but is not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms, and/or golf courses.

  (80) Range land--Open land with indigenous vegetation.

  (81) Reclamation site--Drastically disturbed land that is reclaimed using sewage sludge, biosolids, or water treatment residuals. This includes, but is not limited to, strip mines, borrow areas, and\or construction sites.

  (82) Runoff--Rainwater, leachate, or other liquid that drains overland on any part of a land surface and runs off of the land surface.

  (83) Seismic impact zone--An area that has a 10% or greater probability that the horizontal ground level acceleration of the rock in the area exceeds 0.10 gravity once in 250 years.

  (84) Sewage sludge--Solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in treatment works. Sewage sludge includes, but is not limited to, domestic septage, scum, or solids removed in primary, secondary, or advanced wastewater treatment processes; and material derived from sewage sludge. Sewage sludge does not include ash or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.

  (85) Sole-source surface drinking water supply--A body of surface water that is identified as a public water supply in §307.10 of this title (relating to Appendices A - G) and is the sole source of supply of a public water supply system, exclusive of emergency water connections.

  (86) Source-separated organic material--As defined in §332.2 of this title (relating to Definitions).

  (87) Specific oxygen uptake rate--The mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis).

  (88) Stabilization--Biological or chemical treatment processes that minimize subsequent complications due to biodegradation of organic compounds, biologically by reducing organic content and chemically by retarding the degradation of organic materials.

  (89) Staging--Temporary holding of sewage sludge, biosolids, domestic septage, or water treatment residuals, at a land application unit, for up to a maximum of seven calendar days per each staging location, prior to land application.

  (90) Store or storage--The placement of sewage sludge, biosolids, domestic septage, or water treatment residuals on land or in an enclosed vessel for longer than seven days.

  (91) Surface disposal site--An area of land that contains one or more active disposal units.

  (92) Surface impoundment--A facility or part of a facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), that is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and that is not an injection well. Examples of surface impoundments include: holding, storage, settling, and aeration pits, ponds, and lagoons.

  (93) Temporary storage--Storage of waste regulated under this chapter by a transporter, which has been approved in writing by the executive director, in accordance with §312.147 of this title (relating to Temporary Storage).

  (94) Three hundred-sixty-five-day period--A running total that covers the period between land application to a site and the nutrient uptake of the feed, food, fiber, or turf crop.

  (95) Total solids--The amount of solids in a material that remain as residue when the material is dried at 103 degrees Celsius to 105 degrees Celsius.

  (96) Transporter--Any person who collects, conveys, or transports sewage sludge, biosolids, water treatment residuals, grit trap waste, grease trap waste, chemical toilet waste, or domestic septage by roadway, ship, rail, or other means.

  (97) Treat or treatment--The preparation of sewage sludge, biosolids, domestic septage, or water treatment residuals for final use or disposal. This includes, but is not limited to, thickening, stabilization, initial alkali addition for pathogen or vector control, and dewatering. This term does not include storage of sewage sludge, biosolids, domestic septage, or water treatment residuals, or subsequent alkali addition for pathogen or vector control.

  (98) Treatment works--Either a federally owned, publicly owned, or privately-owned device or system used to treat (including recycle and reclaim) either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature, located at an authorized wastewater treatment plant.

  (99) Turf crop--Grass and the surface layer of earth held together by its roots that is grown and harvested as sod, sprigs, or plugs, primarily for the establishment of lawns.

  (100) Unstabilized solids--Organic materials in sewage sludge or biosolids that have not been treated in either an aerobic or anaerobic treatment process.

  (101) Unstable area--Land subject to natural or human induced forces that may damage the structural components of an active disposal unit or land application unit. This includes, but is not limited to, land that the soils are subject to mass movement.

  (102) Vector attraction--The characteristic of sewage sludge, biosolids, and domestic septage that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.

  (103) Volatile solids--The amount of the total solids in a material that is lost when the material is combusted at 550 degrees Celsius in the presence of excess oxygen.

  (104) Waste pile--Any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage.

  (105) Water treatment residuals--Material generated during the treatment of either surface water or groundwater for potable use, which is not an industrial solid waste as defined in §335.1 of this title (relating to Definitions).

  (106) Wetlands--Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Source Note: The provisions of this §312.8 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective September 1, 2003, 28 TexReg 6300; amended to be effective October 2, 2003, 28 TexReg 8346; amended to be effective October 20, 2005, 30 TexReg 6743; amended to be effective October 2, 2014, 39 TexReg 7756; amended to be effective April 23, 2020, 45 TexReg 2542

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