Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter J - HAZARDOUS WASTE GENERATION, FACILITY AND DISPOSAL FEE SYSTEM › Section 335.322 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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.