Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.53 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise. Other definitions, pertinent to specific sections, are contained
					 within the appropriate sections.
(1)
				  30-Day supply--An amount equal to the highest documented monthly consumption of
				  tires consumed for energy recovery or legitimately recycled in the six-month
				  period preceding the month for which the supply is being calculated. A facility
				  in operation for less than six months shall submit an estimate of a 30-day
				  supply for commission review, evaluation and approval.
(2) Alter--To modify any record or document
				  kept or received by any entity subject to the requirements of this
				  subchapter.
(3) Authorized
				  representative--A facility owner or a person designated in writing by a
				  facility owner to sign documents, make commitments for the entity, and
				  represent the entity in all matters related to the application for registration
				  or permit.
(4) Authorized scrap
				  tire facility--A facility authorized to accept scrap tires including, but not
				  limited to, a registered scrap tire storage site, scrap tire facility or
				  permitted landfill.
(5)
				  Closure--The cessation of acceptance of used or scrap tires or tire pieces for
				  processing and/or storage which results in taking the facility out of
				  service.
(6) Facility--All
				  contiguous land and structures, other appurtenances, and improvements on the
				  land used for the storage or processing of scrap tires.
(7) Fleet operator--An entity that owns or
				  operates more than 15 vehicles and generates 30 or more used or scrap tires per
				  calendar quarter.
(8) Generator--An
				  entity, except a scrap tire energy recovery facility and a scrap tire recycling
				  facility, that is a fleet operator, is an automotive dismantler, or is a whole
				  new or used tire retailer, wholesaler, manufacturer, recapper or
				  retreader.
(9) Good used tire--A
				  used tire, not including a recapped or retreaded tire, suitable for continued
				  use for its original intended purpose.
(10) Land reclamation--The filling,
				  rehabilitating, improving and restoring of excavated and/or deteriorated and/or
				  disturbed land for the purpose of restoring the land to its approximate natural
				  grade and to prepare or reclaim the land for re-use.
(11) Land reclamation projects using tires
				  (LRPUT)--A project to fill, rehabilitate, improve and/or restore already
				  excavated, deteriorated or disturbed land, which uses no more than 50% by
				  volume of tire pieces along with inert fill materials, for the purpose of
				  restoring the land to its approximate natural grade and to prepare or reclaim
				  the land for re-use. Projects for the use of used or scrap tires or tire pieces
				  as a component of an On-Site Sewage Facility as defined in §
										285.50 of
				  this title (relating to General Requirements for Registration and
				  Certification) are not included in this definition.
(12) Manufacturer reject tire--A tire
				  rendered defective in the manufacturing process, whether the tire is determined
				  to be defective before or after consumer purchase.
(13) Off-the-road tire--A tire intended for
				  use on heavy machinery, including, but not limited to, an earth mover/dozer, a
				  grader, agricultural machinery or mining equipment. Truck tires are not
				  off-the- road tires.
(14)
				  Operator--The person responsible for the overall operation of the
				  facility.
(15) Owner--The person or
				  company who owns the facility or part of a facility.
(16) Processing--The extraction of materials
				  from or the transfer, volume reduction, conversion to energy or separation and
				  preparation of solid waste for reuse or disposal.
(17) Professional engineer--A person licensed
				  by The Texas Board of Professional Engineers to practice engineering in the
				  State of Texas.
(18) Scrap tire--A
				  whole tire that can no longer be used for its original intended purpose. A
				  whole used tire that can be used, reused or legally modified to be reused, for
				  its original intended purpose is not a scrap tire.
(19) Scrap tire facility--A facility that
				  processes, conducts energy recovery or recycles used or scrap tires or tire
				  pieces.
(20) Scrap tire storage
				  site--A registered facility where more than 500 used or scrap tires (or weight
				  equivalent tire pieces or any combination thereof) on the ground or more than
				  2,000 used or scrap tires (or weight equivalent tire pieces or any combination
				  thereof) in enclosed and lockable containers. The term does not include a
				  transportation facility or a scrap tire facility that stores on-site no more
				  than a 30 calendar day supply of used or scrap tires or tire pieces.
(21) Scrap tire transporter--A registered
				  entity that collects and transports used or scrap tires or tire pieces for
				  storage, processing, recycling or energy recovery.
(22) Tire monofill--A below-ground
				  depository, landfill or landfill trench consisting of greater than 50% by
				  volume of tires or tire pieces.
(23) Tire piece--A particle of a scrap tire
				  or scrap tire piece that has been split, quartered or shredded to a usable size
				  such as two-inch minus, or other size required by an industry user or
				  recycler.
(24) Tire processor--A
				  registered scrap tire facility where used or scrap tires or tire pieces are
				  collected and shredded or baled for delivery to a scrap tire storage site, or
				  to a facility that recycles, reuses or recovers the energy from the tire
				  pieces. Mobile tire processing facilities shall be considered scrap tire
				  facilities and required to comply with all applicable requirements contained in
				  this subchapter relating to scrap tire facilities.
(25) Tire shredder--A piece of equipment used
				  to split, shred or quarter tires, whether stationary, or mounted on wheels or
				  skid mounted.
(26) Trailer--For the
				  purposes of this chapter only, an enclosed, portable and lockable container for
				  the storage of less than 2,000 used or scrap tires. This may include a trailer,
				  railcar, roll-off container, or dumpster.
(27) Transportation facility--A facility such
				  as a marine terminal, rail yard, or trucking facility where scrap tires or tire
				  pieces may be stored for periods longer than 30 consecutive calendar
				  days.