Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the terms defined in §
									3.2 of
				  this title (relating to Definitions), the following words and terms, when used
				  in this chapter, shall have the following meanings.
(1) 401 Certification--A certification issued
				by the state as authorized under the federal CWA, §401.
(2) 402 Permit--See NPDES permit.
(3) 404 Permit--A Department of the Army
				permit issued under the authority of the federal CWA, §404, which
				authorizes the discharge of dredged or fill material into waters of the United
				States.
(4) Activity--The
				construction, operation, maintenance, or modification of facilities,
				structures, channels, or equipment that may result in any discharge into or
				adjacent to waters in the state or which may otherwise affect water
				quality.
(5) Applicant--Any person
				who applies for any license or permit granted by an agency of the federal
				government to conduct any activity that may result in any discharge into or
				adjacent to water in the state.
(6)
				Aquatic Ecosystem--Water in the state, including wetlands, that serve as
				habitat for interrelated and interacting communities and populations of plants
				and animals.
(7) Clean Water Act--
				33 United States
				Code, §§1251 -
				1387,
				also known as the federal Clean Water Act (CWA), §§101 -
				607.
(8) Department of the Army
				Permits--All permits and licenses issued by the Department of the Army Corps of
				Engineers including 404 Permits and permits issued under the authority of the
				Rivers and Harbors Act of 1899, §10.
(9) Discharge--Deposit, conduct, drain, emit,
				throw, run, allow to seep, or otherwise release or dispose of any pollutant, or
				to allow, permit, or suffer any of these acts or omissions.
(10) District engineer--The Department of the
				Army representative responsible for administering, processing, and enforcing
				federal laws and regulations relating to the U.S. Army Corps of Engineers,
				including permitting.
(11)
				Emergency--A condition either meeting the requirements of federal law as
				constituting an emergency or applicable provisions of §
									305.21
				of this title (relating to Emergency Orders and Temporary Orders
				Authorized).
(12) General permit--A
				permit issued by a federal licensing or permitting agency on a nationwide or
				regional basis.
(13) Individual
				permit--A permit that is issued by a federal licensing or permitting agency
				following an evaluation of any activity including, but not limited to, the
				construction or operation of a facility that may result in any discharge into
				waters of the United States.
(14)
				Licensing or permitting agency--Any agency of the federal government to which
				application is made for any license or permit to conduct an activity that may
				result in any discharge into or adjacent to water in the state.
(15) Nationwide permit--A type of general
				permit authorized by a federal licensing or permitting agency that applies
				throughout the nation.
(16)
				National Pollutant Discharge Elimination System (NPDES) permit--A written
				document issued by the regional administrator of the EPA under the federal CWA,
				§402, which authorizes the discharge of any pollutant, or combination of
				pollutants, into navigable waters of the United States.
(17) Pollutant--Dredged spoil, solid waste,
				incinerator residue, sewage, garbage, sewage sludge, filter backwash,
				munitions, chemical wastes, biological materials, radioactive materials, heat,
				wrecked or discarded equipment, rock, sand, cellar dirt, and industrial,
				municipal, and agricultural waste discharged into any water in the state. The
				term "pollutant" does not include tail water or runoff water from irrigation or
				rainwater runoff from cultivated or uncultivated rangeland, pastureland, and
				farmland.
(18)
				Practicable--Available and capable of being done after taking into
				consideration cost, existing technology, and logistics in light of overall
				project purposes.
(19) Regional
				administrator--The administrator of the EPA, Region VI.
(20) Water dependent activity--An activity
				that is proposed for or adjacent to an aquatic site that requires access,
				proximity to, or siting within an aquatic site to fulfill its basic
				purpose.
(21) Water Quality
				Standards--Texas Surface Water Quality Standards, Chapter 307 of this title
				(relating to Texas Surface Water Quality Standards).