The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) Affidavit of exclusion--A sworn statement by a permit applicant
in support of an exclusion or exemption from permitting pursuant to §335.2(c)
of this title (relating to Permit Required) or §335.43(b) of this title
(relating to Permit Required).
(2) Authorized hazardous waste management unit--A unit at a
hazardous waste management facility which is authorized by permit or which
is identified in an application submitted pursuant to and in accordance with §335.2(c)
of this title or §335.43(b) of this title.
(3) Captured facility--A manufacturing or production facility
which generates an industrial solid waste or hazardous waste which is routinely
stored, processed, or disposed, on a shared basis, in an integrated waste
management unit owned and operated by and located within a contiguous manufacturing
facility.
(4) Class 1 waste--Any industrial solid waste or mixture of
industrial solid wastes meeting the definition of Class 1 waste under §335.1
of this title (relating to Definitions).
(5) Class 1 nonhazardous waste--Any Class 1 waste which is
not a hazardous waste as defined in this section.
(6) Commercial hazardous waste storage, processing, and disposal
facility--Any facility which accepts a hazardous waste for storage, processing
(including incineration), or disposal from an off-site generator for a charge.
(7) Commercial waste storage, processing, and disposal facility--Any
facility which accepts an industrial solid waste or a hazardous waste for
storage, processing (including incineration), or disposal for a charge.
(8) Dry weight--The weight of all constituents other than water.
(9) Generator--Any person whose act or process produces industrial
solid waste or hazardous waste or whose act first causes an industrial solid
waste or a hazardous waste to become subject to regulation by the commission.
(10) Generator of hazardous waste or generator--Any person
whose act or process produces hazardous waste or whose act first causes a
hazardous waste to become subject to regulation by the commission.
(11) Hazardous waste--Those solid wastes not otherwise exempted
which have been identified or listed as hazardous wastes by the administrator
of the EPA pursuant to the federal Solid Waste Disposal Act, 42 United States
Code §§6901 et seq., as amended.
(12) Hazardous waste fuel--A hazardous waste or blend of hazardous
wastes to be burned for energy recovery which, for the purposes of assessment
of fees under this section, is not subject to regulation under 40 Code of
Federal Regulations (CFR) Part 264 (or Part 265) Subpart O, relating to incinerators.
(13) Industrial solid waste--A solid waste meeting the definition
of industrial solid waste under §335.1 of this title.
(14) Injection well--As provided in the Texas Water Code (TWC), §27.002(11).
(15) Interim status--The status of any person who owns or operates
a facility required to have a permit under this chapter, and who is required
to submit an application for a permit pursuant to §335.2(c) of this title
or §335.43(b) of this title.
(16) Land disposal facility--Any landfill, surface impoundment
(excluding an impoundment treating, processing, or storing waste that is disposed
pursuant to TWC, Chapter 26 or Chapter 27), waste pile, facility at which
land farming, land treatment, or a land application process is used, or an
injection well. Land disposal does not include the normal application of agricultural
chemicals or fertilizers.
(17) Noncommercial waste storage, processing, or disposal facility--Any
facility that accepts an industrial solid waste or a hazardous waste for storage,
processing, (including incineration), or disposal for no charge or that stores,
processes, or disposes of wastes generated on-site by the facility.
(18) On-site land disposal facility--A hazardous waste unit
which meets the definition of land disposal facility of this section and on-site
disposal as defined in §335.1 of this title.
(19) Processing--For the purposes of this subchapter, the term
"processing" has the same meaning as defined in §335.1 of this title.
(20) Recycled--For the purposes of this subchapter, a waste
is recycled if it is used, reused, or reclaimed in a manner consistent with
the definition of a recyclable material or nonhazardous recyclable material
under §335.17 of this title (relating to Special Definitions for Recyclable
Materials and Nonhazardous Recyclable Materials) and §335.24 of this
title (relating to Requirements for Recyclable Materials and Nonhazardous
Recyclable Materials).
(21) Terminal operations--Nonmanufacturing facilities that
provide storage and transfer services for commercial chemical products or
chemical intermediates listed in 40 CFR §261.33.
|
| Source Note: The provisions of this §335.322 adopted to be effective October 31, 1985, 10 TexReg 4090; amended to be effective July 3, 1986, 11 TexReg 2894; amended to be effective September 1, 1986, 11 TexReg 3697; amended to be effective September 12, 1990, 15 TexReg 4957; amended to be effective March 19, 1992, 17 TexReg 1737; amended to be effective February 16, 1994, 19 TexReg 802; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective July 18, 2002, 27 TexReg 6315 |
