Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter Q - POLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION › Section 335.471 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms used in this subchapter have the
					 meanings given in the Waste Reduction Policy Act of 1991, or the regulations
					 promulgated thereunder. The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise. Further, the following words and terms, as defined herein,
					 shall only have application to this subchapter.
(1) Base year--The year preceding the first
				  year of the plan.
(2)
				  Environment--Water, air, and land and the interrelationship that exists among
				  and between water, air, land, and all living things.
(3) Facility--All buildings, equipment,
				  structures, and other stationary items located on a single site or on
				  contiguous or adjacent sites that are owned or operated by a person who is
				  subject to this subchapter or by a person who controls, is controlled by, or is
				  under common control with a person subject to this subchapter.
(4) Generator and generator of hazardous
				  waste--Has the meaning assigned by Texas Health and Safety Code, §
										361.131. A 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 be
				  regulated by the commission.
(5)
				  Media and medium--Air, water, and land into which waste is emitted, released,
				  discharged, or disposed.
(6)
				  Pollutant or contaminant--Includes any element, substance, compound,
				  disease-causing agent, or mixture that after release into the environment and
				  on exposure, ingestion, inhalation, or assimilation into any organism, either
				  directly from the environment or indirectly by ingestion through food chains,
				  will or may reasonably be anticipated to cause death, disease, behavioral
				  abnormalities, cancer, genetic mutation, physiological malfunctions, including
				  malfunctions in reproduction, or physical deformations in the organism or its
				  offspring. The term does not include petroleum, crude oil, or any fraction of
				  crude oil that is not otherwise specifically listed or designated as a
				  hazardous substance under §101(14)(A) - (F) of the environmental response
				  law, nor does it include natural gas, natural gas liquids, liquefied natural
				  gas, synthetic gas of pipeline quality, or mixtures of natural gas and
				  synthetic gas.
(7) Release--Any
				  spilling, leaking, pumping, pouring, emitting, emptying, discharging,
				  injecting, escaping, leaching, dumping, or disposing into the environment. The
				  term does not include:
(A) a release that
				  results in an exposure to a person solely within a workplace, concerning a
				  claim that the person may assert against the person's employer;
(B) an emission from the engine exhaust of a
				  motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station
				  engine;
(C) a release of source,
				  by-product, or special nuclear material from a nuclear incident, as those terms
				  are defined by the Atomic Energy Act of 1954, as amended ( (42 United States Code,
				  §§
												2011
et seq.),
if the release is subject to requirements concerning financial protection
				  established by the United States Nuclear Regulatory Commission under that Act,
				  §170;
(D) for the purposes of
				  the federal Comprehensive Environmental Responsibility, Compensation and
				  Liability Act (Superfund), §104, or other response action, a release of
				  source, by-product, or special nuclear material from a processing site
				  designated under the Uranium Mill Tailings Radiation Control Act of 1978
				  (42 United States Code, §
												7912 and §
											7942)
				  , §102(a)(1), or §302(a)); and
(E) the normal application of
				  fertilizer.