Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter A - GENERAL PROVISIONS › Section 352.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  adopts by reference 40 Code of Federal Regulations §257.53 (Definitions)
				  as amended through the July 2, 2015, issue of the
Federal
				  Register
(80 FR 37988 ), subject to the exceptions, modifications, and
				  additions under this section.
(b)
				  The terms used in this chapter that are not defined under this section are not
				  given the definitions found in the United States Resource Conservation and
				  Recovery Act.
(c) The words and
				  terms used in this chapter also have the meanings in Chapter 3 of this title
				  (relating to Definitions) and the following additional meanings.
(1) Disposal--The discharge, deposit,
				  injection, dumping, spilling, leaking, or placing of any solid waste as defined
				  in §
											335.1 of
				  this title (relating to Definitions) into or on any land or water so that such
				  solid waste or any constituent thereof may enter the environment or be emitted
				  into the air or discharged into any waters, including groundwaters. For
				  purposes of this chapter, disposal does not include the storage or the
				  beneficial use of coal combustion residuals.
(2) Impacted property--The entire area (i.e.,
				  on-site and off-site) containing any constituents listed in Appendix IV of
				  § 352.1431 of this title (relating to Appendix IV - Constituents for
				  Assessment Monitoring) that have been detected at statistically significant
				  levels exceeding the groundwater protection standards as determined in this
				  chapter from a unit subject to this chapter.
(3) Leachate--Any liquid that has passed
				  through or emerged from solid waste and contains soluble, suspended, or
				  miscible materials removed from such wastes.
(4) Licensed professional geoscientist--A
				  geoscientist who holds a valid license issued by the Texas Board of
				  Professional Geoscientists under the Texas Geoscience Practice Act.
(5) Off-site--Property which cannot be
				  characterized as on-site.
(6)
				  On-site--The same or geographically contiguous property which may be divided by
				  public or private rights-of-way, provided the entrance and exit between the
				  properties is at a cross-roads intersection, and access is by crossing, as
				  opposed to going along, the right-of-way. Noncontiguous properties owned by the
				  same person but connected by a right-of-way which the person controls and to
				  which the public does not have access, is also considered on-site
				  property.
(7) Publicly accessible
				  website--A website at which all information required to be posted is
				  immediately available to anyone visiting the website, without requiring any
				  prerequisite, such as a registration or submittal of personal information,
				  including an e-mail address, or requirement to submit a document request. All
				  required information must be clearly identifiable and must be able to be
				  printed and downloaded by anyone accessing the website.
(8) Registration--Written authorization of
				  specific solid waste management activities relating to certain coal combustion
				  residuals, as authorized by this chapter.