Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 111 - CONTROL OF AIR POLLUTION FROM VISIBLE EMISSIONS AND PARTICULATE MATTER › Subchapter B - OUTDOOR BURNING › Section 111.203 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless specifically defined in the Texas Clean Air Act
					 (TCAA) or in the rules of the Texas Commission on Environmental Quality
					 (commission), the terms used by the commission have the meanings commonly
					 ascribed to them in the field of air pollution control. In addition to the
					 terms that are defined by the TCAA, the following terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Certified and Insured
				  Prescribed Burn Manager--A person with ultimate authority and responsibility
				  for a prescribed burn, who has been certified by the Prescribed Burning Board
				  of the Texas Department of Agriculture. The certification issued by the
				  Prescribed Burning Board must be considered effective, and to have met the
				  certification requirements found in 4 TAC Chapter 226 (relating to Requirements
				  for Certification by the Board), at the time the prescribed burn is
				  conducted.
(2) Extinguished--The
				  absence of any visible flames, glowing coals, or smoke.
(3) Landclearing operation--The uprooting,
				  cutting, or clearing of vegetation in connection with conversion for the
				  construction of buildings, rights-of-way, residential, commercial, or
				  industrial development, or the clearing of vegetation to enhance property
				  value, access, or production. It does not include the maintenance burning of
				  on-site property wastes such as fallen limbs, branches, or leaves, or other
				  wastes from routine property clean-up activities, nor does it include
				  prescribed burning or burning following clearing for ecological
				  restoration.
(4) Neighborhood--A
				  platted subdivision or property contiguous to and within 300 feet of a platted
				  subdivision.
(5) Practical
				  alternative--An economically, technologically, ecologically, and logistically
				  viable option.
(6) Prescribed
				  burn--The controlled application of fire to naturally occurring or naturalized
				  vegetative fuels under specified environmental conditions and confined to a
				  predetermined area, following appropriate planning and precautionary
				  measures.
(7) Refuse--Garbage,
				  rubbish, paper, and other decayable and nondecayable waste, including vegetable
				  matter and animal and fish carcasses.
(8) Structure containing sensitive
				  receptor(s)--A man-made structure utilized for human residence or business, the
				  containment of livestock, or the housing of sensitive live vegetation. The term
				  "man-made structure" does not include such things as range fences, roads,
				  bridges, hunting blinds, or facilities used solely for the storage of hay or
				  other livestock feeds. The term "sensitive live vegetation" is defined as
				  vegetation that has potential to be damaged by smoke and heat, examples of
				  which include, but are not limited to, nursery production, mushroom
				  cultivation, pharmaceutical plant production, or laboratory experiments
				  involving plants.
(9)
				  Sunrise/Sunset--Official sunrise/sunset as set forth in the United States Naval
				  Observatory tables available from National Weather Service offices.
(10) Wildland--Uncultivated land other than
				  fallow, land minimally influenced by human activity, and land maintained for
				  biodiversity, wildlife forage production, protective plant cover, or wildlife
				  habitat.