| (108) Point of compliance--A vertical surface located
no more than 500 feet from the hydraulically downgradient limit of
the waste management unit boundary, extending down through the uppermost
aquifer underlying the regulated units, and located on land owned
by the owner of the facility.
(109) Point source--Any discernible, confined, and
discrete conveyance, including, but not limited to, any pipe, ditch,
channel, tunnel, conduit, well, or discrete fissure from which pollutants
are or may be discharged.
(110) Pollutant--Contaminated dredged spoil, solid
waste, contaminated incinerator residue, sewage, sewage sludge, munitions,
chemical wastes, or biological materials discharged into water.
(111) Pollution--The man-made or man-induced alteration
of the chemical, physical, biological, or radiological integrity of
an aquatic ecosystem.
(112) Polychlorinated biphenyl (PCB)--Any chemical
substance that is limited to the biphenyl molecule that has been chlorinated
to varying degrees or any combination of substances that contains
such substance.
(113) Polychlorinated biphenyl (PCB) waste(s)--Those
PCBs and PCB items that are subject to the disposal requirements of
40 Code of Federal Regulations (CFR) Part 761. Substances that are
regulated by 40 CFR Part 761 include, but are not limited to: PCB
articles, PCB article containers, PCB containers, PCB-contaminated
electrical equipment, PCB equipment, PCB transformers, recycled PCBs,
capacitors, microwave ovens, electronic equipment, and light ballasts
and fixtures.
(114) Poor foundation conditions--Areas where features
exist, indicating that a natural or man-induced event may result in
inadequate foundation support for the structural components of a municipal
solid waste landfill unit.
(115) Population equivalent--The hypothetical population
that would generate an amount of solid waste equivalent to that actually
being managed based on a generation rate of five pounds per capita
per day and applied to situations involving solid waste not necessarily
generated by individuals. It is assumed, for the purpose of these
sections, that the average volume per ton of waste entering a municipal
solid waste disposal facility is three cubic yards.
(116) Post-consumer waste--A material or product that
has served its intended use and has been discarded after passing through
the hands of a final user. For the purposes of this subchapter, the
term does not include industrial or hazardous waste.
(117) Post-use polymers--Plastic polymers that derive
from any household, industrial, community, commercial, or other sources
of operations or activities that might otherwise become waste if not
converted into a valuable raw, intermediate, or final product. Post-use
polymers include used polymers that contain incidental contaminants
or impurities such as paper labels or metal rings but do not include
used polymers mixed with solid waste, medical waste, hazardous waste,
electronic waste, tires, or construction or demolition debris.
(118) Premises--A tract of land with the buildings
thereon, or a building or part of a building with its grounds or other
appurtenances.
(119) Process to further reduce pathogens--The process
to further reduce pathogens as described in 40 Code of Federal Regulations
Part 503, Appendix B.
(120) Processing--Activities including, but not limited
to, the extraction of materials, transfer, volume reduction, conversion
to energy, or other separation and preparation of solid waste for
reuse or disposal, including the treatment or neutralization of waste,
designed to change the physical, chemical, or biological character
or composition of any waste to neutralize such waste, or to recover
energy or material from the waste, or render the waste safer to transport,
store, dispose of, or make it amenable for recovery, amenable for
storage, or reduced in volume. The term does not include pyrolysis
or gasification.
(121) Public highway--The entire width between property
lines of any road, street, way, thoroughfare, bridge, public beach,
or park in this state, not privately owned or controlled, if any part
of the road, street, way, thoroughfare, bridge, public beach, or park
is opened to the public for vehicular traffic, is used as a public
recreational area, or is under the state's legislative jurisdiction
through its police power.
(122) Putrescible waste--Organic wastes, such as garbage,
wastewater treatment plant sludge, and grease trap waste, that are
capable of being decomposed by microorganisms with sufficient rapidity
as to cause odors or gases or are capable of providing food for or
attracting birds, animals, and disease vectors.
(123) Pyrolysis--A manufacturing process through which
post-use polymers are heated in an oxygen-deficient atmosphere until
melted and thermally decomposed and then cooled, condensed, and converted
into a valuable raw, intermediate, or final product, including a plastic,
monomer, chemical, wax, lubricant, or chemical feedstock or crude
oil, diesel, gasoline, diesel and gasoline blendstock, home heating
oil, ethanol, or another fuel. The term does not include incineration.
(124) Pyrolysis facility--A manufacturing facility
that receives, separates, stores, and converts post-use polymers using
pyrolysis. The commission may not consider a pyrolysis facility to
be a hazardous waste management facility, a solid waste management
facility, or an incinerator.
(125) Qualified groundwater scientist--A licensed geoscientist
or licensed engineer who has received a baccalaureate or post-graduate
degree in the natural sciences or engineering and has sufficient training
in groundwater hydrology and related fields as may be demonstrated
by state registration, professional certifications, or completion
of accredited university programs that enable the individual to make
sound professional judgments regarding groundwater monitoring, contaminant
fate and transport, and corrective action.
(126) Radioactive waste--Waste that requires specific
licensing under 25 TAC Chapter 289 (relating to Radiation Control),
and the rules adopted by the commission under the Texas Health and
Safety Code.
(127) Recoverable feedstock--One or more of the following
materials, derived from recoverable waste other than coal refuse,
that has been processed so that it may be used as feedstock in a gasification
facility:
(A) post-use polymers; and
(B) material, including municipal solid waste containing
post-use polymers and other post-industrial waste containing post-use
polymers, that has been processed into a fuel or feedstock for which
the commission or the United States Environmental Protection Agency
has made a non-waste determination under 40 Code of Federal Regulations §241.3(c).
(128) Recyclable material--A material that has been
recovered or diverted from the nonhazardous waste stream for purposes
of reuse, recycling, or reclamation, a substantial portion of which
is consistently used in the manufacture of products that may otherwise
be produced using raw or virgin materials. The term includes post-use
polymers and recoverable feedstocks that are converted through pyrolysis
or gasification into valuable raw, intermediate, and final products.
Recyclable material is not solid waste. However, recyclable material
may become solid waste at such time, if any, as it is abandoned or
disposed of rather than recycled, whereupon it will be solid waste
with respect only to the party actually abandoning or disposing of
the material.
(129) Recycling--A process by which materials that
have served their intended use or are scrapped, discarded, used, surplus,
or obsolete are collected, separated, or processed and returned to
use in the form of raw materials in the production of new products.
Except for mixed municipal solid waste composting, that is, composting
of the typical mixed solid waste stream generated by residential,
commercial, and/or institutional sources, recycling includes the composting
process if the compost material is put to beneficial use.
(130) Refuse--Same as rubbish.
(131) Registration--The act of filing information with
the commission for review and approval for specific solid waste management
activities that do not require a permit, as determined by this chapter.
(132) Regulated asbestos-containing material--Regulated
asbestos-containing material as defined in 40 Code of Federal Regulations
Part 61, as amended, includes: friable asbestos material, Category
I nonfriable asbestos-containing material that has become friable;
Category I nonfriable asbestos-containing material that will be or
has been subjected to sanding, grinding, cutting, or abrading; or
Category II nonfriable asbestos-containing material that has a high
probability of becoming or has become crumbled, pulverized, or reduced
to powder by the forces expected to act on the material in the course
of demolition or renovation operations.
Cont'd... |
