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RULE §335.202Definitions

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 water.

  (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); or

    (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

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