| (27) Permit--A written document issued by the commission
which, by its conditions, may authorize the permittee to construct,
install, modify, or operate, in accordance with stated limitations,
a specified facility for waste discharge, for solid waste storage,
processing, or disposal, for radioactive material disposal, or for
underground injection, and includes a wastewater discharge permit,
a solid waste permit, a radioactive material disposal license, and
an injection well permit.
(28) Post-closure order--An order issued by the commission
for post-closure care of interim status units, a corrective action
management unit unless authorized by permit, or alternative corrective
action requirements for contamination commingled from Resource Conservation
Recovery Act and solid waste management units.
(29) Primary industry category--Any industry category
listed in 40 Code of Federal Regulations Part 122, Appendix A, adopted
by reference by §305.532 of this title (relating to Adoption
of Appendices by Reference).
(30) Process wastewater--Any water which, during manufacturing
or processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, byproduct, or waste product.
(31) Processing--The extraction of materials, transfer
or volume reduction, conversion to energy, or other separation and
preparation of waste for reuse or disposal, and includes the treatment
or neutralization of hazardous waste so as to render such waste nonhazardous,
safer for transport, or amenable to recovery, storage, or volume reduction.
The meaning of transfer as used here, does not include the conveyance
or transport off-site of solid waste by truck, ship, pipeline, or
other means.
(32) Publicly owned treatment works (POTW)--Any device
or system used in the treatment (including recycling and reclamation)
of municipal sewage or industrial wastes of a liquid nature which
is owned by the state or a municipality. This definition includes
sewers, pipes, or other conveyances only if they convey wastewater
to a POTW providing treatment.
(33) Radioactive material--A naturally occurring or
artificially produced solid, liquid, or gas that emits radiation spontaneously.
(34) Recommencing discharger--A source which recommences
discharge after terminating operations.
(35) Regional administrator--Except when used in conjunction
with the words "state director," or when referring to United States
Environmental Protection Agency (EPA) approval of a state program,
where there is a reference in the EPA regulations adopted by reference
in this chapter to the "regional administrator" or to the "director,"
the reference is more properly made, for purposes of state law, to
the executive director of the Texas Commission on Environmental Quality,
or to the Texas Commission on Environmental Quality, consistent with
the organization of the agency as set forth in Texas Water Code, Chapter
5, Subchapter B. When used in conjunction with the words "state director"
in such regulations, regional administrator means the regional administrator
for the Region VI office of the EPA or his or her authorized representative.
A copy of 40 Code of Federal Regulations Part 122, is available for
inspection at the library of the Texas Commission on Environmental
Quality, located on the first floor of Building A at 12100 Park 35
Circle, Austin, Texas.
(36) Remediation waste--All solid and hazardous wastes,
and all media (including groundwater, surface water, soils, and sediments)
and debris, which contain listed hazardous wastes or which themselves
exhibit a hazardous waste characteristic, that are managed for the
purpose of implementing corrective action requirements under §335.167
of this title (relating to Corrective Action for Solid Waste Management
Units) and Texas Water Code (TWC), §7.031 (relating to Corrective
Action Relating to Hazardous Waste). For a given facility, remediation
wastes may originate only from within the facility boundary, but may
include waste managed in implementing corrective action for releases
beyond the facility boundary under TWC, §7.031; §335.166(5)
of this title (relating to Corrective Action Program); or §335.167(c)
of this title.
(37) Schedule of compliance--A schedule of remedial
measures included in a permit, including an enforceable sequence of
interim requirements (e.g., actions, operations, or milestone events)
leading to compliance with the federal Clean Water Act and regulations.
(38) Severe property damage--Substantial physical damage
to property, damage to treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a discharge.
Severe property damage does not mean economic loss caused by delays
in production.
(39) Sewage sludge--The solids, residues, and precipitate
separated from or created in sewage or municipal waste by the unit
processes of a treatment works.
(40) Site--The land or water area where any facility
or activity is physically located or conducted, including adjacent
land used in connection with the facility or activity.
(41) Solid waste permit--A permit issued under Texas
Health and Safety Code, Chapter 361, as amended.
(42) Storage--The holding of waste for a temporary
period, at the end of which the waste is processed, recycled, disposed
of, or stored elsewhere.
(43) Texas pollutant discharge elimination system (TPDES)--The
state program for issuing, amending, terminating, monitoring, and
enforcing permits, and imposing and enforcing pretreatment requirements,
under federal Clean Water Act, §§307, 318, 402, and 405;
Texas Water Code; and Texas Administrative Code regulations.
(44) Toxic pollutant--Any pollutant listed as toxic
under federal Clean Water Act, §307(a) or, in the case of sludge
use or disposal practices, any pollutant identified in regulations
implementing federal Clean Water Act, §405(d).
(45) Treatment works treating domestic sewage--A publicly
owned treatment works or any other sewage sludge or wastewater treatment
devices or systems, regardless of ownership (including federal facilities),
used in the storage, treatment, recycling, and reclamation of sewage
or municipal waste, including land dedicated for the disposal of sewage
sludge. This definition does not include septic tanks or similar devices.
(46) Variance--Any mechanism or provision under federal
Clean Water Act, §301 or §316, or under Chapter 308 of this
title (relating to Criteria and Standards for the National Pollutant
Discharge Elimination System) which allows modification to or waiver
of the generally applicable effluent limitation requirements or time
deadlines of the federal Clean Water Act or this title.
(47) Wastewater discharge permit--A permit issued under
Texas Water Code, Chapter 26 or under Texas Water Code, Chapters 26
and 32.
(48) Wetlands--Those areas that are inundated or saturated
by surface or groundwater at a frequency and duration sufficient 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
and constitute water in the state.
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| Source Note: The provisions of this §305.2 adopted to be effective June 19, 1986, 11 TexReg 2591; amended to be effective October 8, 1990, 15 TexReg 5492; amended to be effective November 23, 1993, 18 TexReg 8215; amended to be effective February 22, 1994, 19 TexReg 941; amended to be effective December 1, 1997, 22 TexReg 11391; amended to be effective August 8, 1999, 24 TexReg 5879; amended to be effective September 14, 2000, 25 TexReg 8974; amended to be effective November 15, 2001, 26 TexReg 9123; amended to be effective January 30, 2003, 28 TexReg 705; amended to be effective September 11, 2003, 28 TexReg 7774; amended to be effective July 5, 2006, 31 TexReg 5333;amended to be effective May 14, 2020, 45 TexReg 3109 |
