The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) Active geologic processes - Any natural process which alters
the surface and/or subsurface of the earth, including, but not limited to,
erosion (including shoreline erosion along the coast), submergence, subsidence,
faulting, karst formation, flooding in alluvial flood wash zones, meandering
river bank cutting, and earthquakes.
(2) Aquifer - A geologic formation, group of formations, or
part of a formation capable of yielding a significant amount of groundwater
to wells or springs. Portions of formations, such as clay beds, which are
not capable of yielding a significant amount of groundwater to wells or springs
are not aquifers.
(3) Area subject to active shoreline erosion - A coastal area
where shoreline erosion has been documented within historic time.
(4) Areal expansion of an existing facility - The enlargement
of a land surface area of an existing hazardous waste management facility
from that described in a solid waste permit authorizing the facility.
(5) Areas of direct drainage - Those land areas from which
surface water runoff could flow into a lake used to supply public drinking
(6) Commercial hazardous waste management facility - Any hazardous
waste management facility that accepts hazardous waste or PCBs for a charge,
except a captured facility or a facility that accepts waste only from other
facilities owned or effectively controlled by the same person, where "captured
facility" means a manufacturing or production facility that generates an industrial
solid waste or hazardous waste that is routinely stored, processed, or disposed
of on a shared basis in an integrated waste management unit owned, operated
by, and located within a contiguous manufacturing complex.
(7) Critical habitat of an endangered species - An area that
is determined by the United States Fish and Wildlife Service to be a critical
habitat for an endangered species.
(8) Erosion - The group of natural processes, including weathering,
deterioration, detachment, dissolution, abrasion, corrasion, wearing away,
and transportation, by which earthen or rock material is removed from any
part of the earth's surface.
(9) Existing hazardous waste management facility - Any facility
used for the storage, processing, or disposal of hazardous waste and which
is authorized by a hazardous waste permit. Facilities identified in the following
pending applications will also be considered existing hazardous waste management
facilities pending final action on the application by the commission:
(A) an application submitted pursuant to §335.2(c) of
this title (relating to Permit Required), §335.43(b) of this title (relating
to Permit Required), and §335.45(b) of this title (relating to Effect
on Existing Facilities), including any revisions made in accordance with §305.51
of this title (relating to Revision of Applications for Hazardous Waste Permits);
(B) an application filed pursuant to §335.2(a) of this
title which has been submitted in accordance with Chapter 305 of this title
(relating to Consolidated Permits) and which has been declared to be administratively
complete pursuant to §281.3 of this title (relating to Initial Review)
prior to September 1, 1984.
(10) New hazardous waste management facility - Any facility
to be used for the storage, processing, or disposal of hazardous waste and
which is not an existing hazardous waste management facility.
(11) One hundred-year floodplain - Any land area which is subject
to a 1.0% or greater chance of flooding in any given year from any source.
(12) Public water system - A system for the provision to the
public of piped water for human consumption, if such system has at least 15
service connections or regularly services an average of at least 25 individuals
daily at least 60 days out of the year.
(13) Regional aquifer - An aquifer which has been identified
by the Texas Natural Resource Conservation Commission as a major or minor
aquifer. Major aquifers yield large quantities of water in large areas of
the state. Minor aquifers yield large quantities of water in small areas of
the state or small quantities of water in large areas of the state. (These
aquifers are identified in Appendix B of the Texas Department of Water Resources
Report Number 238).
(14) Residence - The structure and surrounding property within
the property boundaries not to exceed 100 feet from the structure in all directions.
(15) Secondary containment - A system designed and constructed
to collect rainfall runoff, to prevent rainfall run-on from outside the structure,
and to contain waste spills, leaks, or discharges within the structure until
such waste can be removed.
(16) Sole-source aquifer - An aquifer designated pursuant to
the Safe Drinking Water Act of 1974, §1424(e), which solely or principally
supplies drinking water to an area, and which, if contaminated, would create
a significant hazard to public health. The Edwards Aquifer has been designated
a sole-source aquifer by the EPA. The Edwards Aquifer recharge zone is specifically
that area delineated on maps in the offices of the executive director.
(17) Storage surface impoundment - A surface impoundment from
which all wastes and waste- contaminated soils are removed at the time of
closure of the impoundment.
(18) Wetlands - Those areas that are inundated or saturated
by surface water 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.
|Source Note: The provisions of this §335.202 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective September 1, 1986, 11 TexReg 3696; amended to be effective May 3, 1988, 13 TexReg 1913; amended to be effective November 7, 1991, 16 TexReg 6065; amended to be effective March 20, 1992, 17 TexReg 1737; amended to be effective November 15, 2001, 26 TexReg 9135