(21) Class 1 wastes--Any industrial solid waste or
mixture of industrial solid wastes that because of its concentration,
or physical or chemical characteristics is toxic, corrosive, flammable,
a strong sensitizer or irritant, a generator of sudden pressure by
decomposition, heat, or other means, or may pose a substantial present
or potential danger to human health or the environment when improperly
processed, stored, transported, or disposed of or otherwise managed,
as further defined in §335.505 of this title (relating to Class
1 Waste Determination).
(22) Class 2 wastes--Any individual solid waste or
combination of industrial solid waste that are not described as Hazardous,
Class 1, or Class 3 as defined in §335.506 of this title (relating
to Class 2 Waste Determination).
(23) Class 3 wastes--Inert and essentially insoluble
industrial solid waste, usually including, but not limited to, materials
such as rock, brick, glass, dirt, and certain plastics and rubber,
etc., that are not readily decomposable, as further defined in §335.507
of this title (relating to Class 3 Waste Determination).
(24) Collection--The act of removing solid waste (or
materials that have been separated for the purpose of recycling) for
transport elsewhere.
(25) Collection system--The total process of collecting
and transporting solid waste. It includes storage containers; collection
crews, vehicles, equipment, and management; and operating procedures.
Systems are classified as municipal, contractor, or private.
(26) Commence physical construction--The initiation
of physical on-site construction on a site for which an application
to authorize a municipal solid waste management unit is pending, the
construction of which requires approval of the commission. Construction
of actual waste management units and necessary appurtenances requires
approval of the commission, but other features not specific to waste
management are allowed without commission approval.
(27) Commercial solid waste--All types of solid waste
generated by stores, offices, restaurants, warehouses, and other nonmanufacturing
activities, excluding residential and industrial wastes.
(28) Compacted waste--Waste that has been reduced in
volume by a collection vehicle or other means including, but not limited
to, dewatering, composting, incineration, and similar processes, with
the exception of waste that has been reduced in volume by a small,
in-house compactor device owned and/or operated by the generator of
the waste.
(29) Composite liner--A liner system consisting of
two components: the upper component must consist of a minimum 30-mil
geomembrane liner or minimum 60-mil high-density polyethylene, and
the lower component must consist of at least a two-foot layer of re-compacted
soil deposited in lifts with a hydraulic conductivity of no more than
1 x 10-7 centimeters/second. The geomembrane
liner component must be installed in direct and uniform contact with
the compacted soil component.
(30) Compost--The stabilized product of the decomposition
process that is used or sold for use as a soil amendment, artificial
top soil, growing medium amendment, or other similar uses.
(31) Composting--The controlled biological decomposition
of organic materials through microbial activity.
(32) Conditionally exempt small-quantity generator--A
person that generates no more than 220 pounds of hazardous waste in
a calendar month.
(33) Construction or demolition waste--Waste resulting
from construction or demolition projects; includes all materials that
are directly or indirectly the by-products of construction work or
that result from demolition of buildings and other structures, including,
but not limited to, paper, cartons, gypsum board, wood, excelsior,
rubber, and plastics.
(34) Container--Any portable device in which a material
is stored, transported, or processed.
(35) Contaminate--To alter the chemical, physical,
biological, or radiological integrity of ground or surface water by
man-made or man-induced means.
(36) Contaminated water--Leachate, gas condensate,
or water that has come into contact with waste.
(37) Controlled burning--The combustion of solid waste
with control of combustion air to maintain adequate temperature for
efficient combustion; containment of the combustion reaction in an
enclosed device to provide sufficient residence time and mixing for
complete combustion; and control of the emission of the combustion
products, i.e., incineration in an incinerator.
(38) Discard--To abandon a material and not use, re-use,
reclaim, or recycle it. A material is abandoned by being disposed
of; burned or incinerated (except where the material is being burned
as a fuel for the purpose of recovering usable energy); or physically,
chemically, or biologically treated (other than burned or incinerated)
in lieu of or prior to being disposed.
(39) Discharge--Includes deposit, conduct, drain, emit,
throw, run, allow to seep, or otherwise release, or to allow, permit,
or suffer any of these acts or omissions.
(40) Discharge of dredged material--Any addition of
dredged material into the waters of the United States. The term includes,
without limitation, the addition of dredged material to a specified
disposal site located in waters of the United States and the runoff
or overflow from a contained land or water disposal area.
(41) Discharge of fill material--The addition of fill
material into waters of the United States. The term generally includes
placement of fill necessary to the construction of any structure in
waters of the United States: the building of any structure or improvement
requiring rock, sand, dirt, or other inert material for its construction;
the building of dams, dikes, levees, and riprap.
(42) Discharge of pollutant--Any addition of any pollutant
to navigable waters from any point source or any addition of any pollutant
to the waters of the contiguous zone or the ocean from any point source.
(43) Displacement--The measured or estimated distance
between two formerly adjacent points situated on opposite walls of
a fault (synonymous with net slip).
(44) Disposal--The discharge, deposit, injection, dumping,
spilling, leaking, or placing of any solid waste or hazardous waste
(whether containerized or uncontainerized) into or on any land or
water so that such solid waste or hazardous waste or any constituent
thereof may enter the environment or be emitted into the air or discharged
into any waters, including groundwater.
(45) Dredged material--Material that is excavated or
dredged from waters of the United States.
(46) Drinking-water intake--The point at which water
is withdrawn from any water well, spring, or surface water body for
use as drinking water for humans, including standby public water supplies.
(47) Elements of nature--Rainfall, snow, sleet, hail,
wind, sunlight, or other natural phenomenon.
(48) Endangered or threatened species--Any species
listed as such under the Federal Endangered Species Act, §4,
16 United States Code, §1536, as amended or under the Texas Endangered
Species Act.
(49) Essentially insoluble--Any material that, if representatively
sampled and placed in static or dynamic contact with deionized water
at ambient temperature for seven days, will not leach any quantity
of any constituent of the material into the water in excess of the
maximum contaminant levels in 40 Code of Federal Regulations (CFR)
Part 141, Subparts B and G, and 40 CFR Part 143 for total dissolved
solids.
(50) Existing municipal solid waste landfill unit--Any
municipal solid waste landfill unit that received solid waste as of
October 9, 1993.
(51) Experimental project--Any new proposed method
of managing municipal solid waste, including resource and energy recovery
projects, that appears to have sufficient merit to warrant commission
approval.
(52) Facility--All contiguous land and structures,
other appurtenances, and improvements on the land used for the storage,
processing, or disposal of solid waste.
(53) Fault--A fracture or a zone of fractures in any
material along which strata, rocks, or soils on one side have been
displaced with respect to those on the other side.
(54) Fill material--Any material used for the primary
purpose of filling an excavation.
(55) Floodplain--The lowland and relatively flat areas
adjoining inland and coastal waters, including flood-prone areas of
offshore islands, that are inundated by the 100-year flood.
(56) Garbage--Solid waste consisting of putrescible
animal and vegetable waste materials resulting from the handling,
preparation, cooking, and consumption of food, including waste materials
from markets, storage facilities, handling, and sale of produce and
other food products.
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