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RULE §333.2Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

  (1) Change in land use--A change in use from a less protective risk classification to a more protective risk classification (e.g., commercial/industrial to residential) or not maintaining a physical control, remediation system, or post-response action care or non-permanent institutional control as set out in the conditional Certificate.

  (2) Completion--No more response actions are necessary or the applicant is satisfactorily maintaining the physical controls, remediation systems, or post-response action care or non-permanent institutional controls are utilized pursuant to the Voluntary Cleanup agreement.

  (3) Initiate an enforcement action--The issuance of a notice of violation by the executive director or referral to the United States Environmental Protection Agency or Attorney General's Office for a possible enforcement action.

  (4) Partial response action--A response action which is limited to an areal portion of the site and off- site areas, if any, contaminated due to releases which have migrated from the partial response action area onto property owned or controlled by others, inclusive of all media.

  (5) Partial response action area--The area of the site and off-site within which the partial response action will be conducted in accordance with a plan approved by the executive director.

  (6) Pending enforcement action--Concerning the remediation of the hazardous substance or contaminant described in the application, a notice of violation has been issued and further administrative, state, or federal enforcement action is under evaluation or an enforcement action is required by federal grant, or the state has incurred unreimbursed costs under the Texas Health and Safety Code, Chapter 361, Subchapter F.

  (7) Response action objectives--The goals of the response actions, which may include both qualitative and quantitative goals.

  (8) Site--The property as described in the legal description provided in the voluntary cleanup agreement.

  (9) Site subject to a commission permit or order--A site or portion of a site concerning which an order or permit has been issued by the commission. These also include hazardous waste facilities, which are operating under interim status.

Source Note: The provisions of this §333.2 adopted to be effective April 19, 1996, 21 TexReg 3203; amended to be effective September 23, 1999, 24 TexReg 7420

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