Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.481 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in this subchapter, the following words
					 and terms, when used in this subchapter, shall have the meanings prescribed in
					 §
										334.2 of
					 this title (relating to Definitions), unless the word or term is redefined in
					 this subchapter or unless the context clearly indicates otherwise. Words used
					 in more than one subchapter are defined in Subchapter A of this chapter
					 (relating to General Provisions). Words widely used in more than one chapter
					 are defined in Chapter 3 of this title (relating to Definitions).
(1) Active life--The period from the initial
				  receipt of waste at the facility until the executive director receives
				  certification of final closure.
(2)
				  Active portion--That portion of a facility where treatment, or storage
				  operations are being or have been conducted and which is not a closed portion.
				  (See also "closed portion" and "inactive portion").
(3) Aquifer--A geologic formation, group of
				  formations, or part of a formation capable of yielding groundwater to wells or
				  springs.
(4) Area subject to active
				  shoreline erosion--A coastal area where shoreline erosion has been documented
				  within historic time.
(5) Areas of
				  direct drainage--Those land areas from which surface water runoff could flow
				  into a lake or other surface water used to supply public drinking
				  water.
(6) Authorized--Allowed in
				  writing by agency registration, by order, by permit, by license, or by
				  rule.
(7) Authorized
				  Representative--The person designated by the owner or operator to represent the
				  facility or the person designated by the waste generator as the generator's
				  representative.
(8) Class A
				  facility--A facility which will at any time store or treat petroleum-substance
				  contaminated soils generated from more than one leaking petroleum storage tank
				  (LPST) site.
(9) Class B
				  facility--A mobile treatment unit which will treat petroleum-substance soils
				  from only one LPST site at a time at that LPST site. The petroleum-substance
				  soils treated at that site must have originated from that site.
(10) Class C facility--A facility located
				  elsewhere than the LPST site but which will store or treat petroleum-substance
				  soils generated from only that one LPST site.
(11) Class D facility--A facility located at
				  the LPST site which will store or treat the petroleum- substance soils
				  generated from only that site.
(12)
				  Clean fill standard--Soil which is no longer considered waste.
(13) Closed portion--That portion of a
				  facility which an owner or operator has closed in accordance with the approved
				  facility closure plan and all applicable closure requirements. (See also
				  "active portion" and "inactive portion.")
(14) Contingency plan--A document setting out
				  an organized, planned, and coordinated course of action to be followed in case
				  of a fire, explosion, or release of waste or waste constituents which could
				  threaten human health and safety or the environment.
(15) Critical habitat of a endangered
				  species--An area that is determined by the United States Fish and Wildlife
				  Service to be a critical habitat for an endangered species.
(16) Designated facility--The authorized
				  storage, treatment, or disposal facility that has been designated on the
				  petroleum-substance waste manifest by the generator.
(17) Discharge--The accidental or intentional
				  spilling, leaking, pumping, pouring, emitting, emptying, or dumping of waste
				  into or on any land or water.
(18)
				  Disposal--The discharge, deposit, injection, dumping, spilling, leaking, or
				  placing of any waste (whether containerized or noncontainerized) into or on any
				  land or water so that such waste or any constituent thereof may enter the
				  environment or be emitted into the air or discharged into or adjacent to any
				  waters, including groundwater.
(19)
				  Disposal facility -- A facility or part of a facility at which waste is
				  intentionally placed into or on any land or water or adjacent to any water, and
				  at which such waste will remain.
(20) Effective substitute--A substance which
				  may be used in the place of another substance for the same purpose without
				  creating adverse environmental conditions.
(21) Erosion--The group of natural processes,
				  including weathering, deterioration, detachment, dissolution, abrasion,
				  corrosion, wearing away, and transportation, by which earthen or rock material
				  is removed from any part of the earth's surface.
(22) Existing Portion--That land surface area
				  of an existing waste management unit, on which wastes have been placed prior to
				  the issuance of a registration.
(23) Facility--Includes structures, other
				  appurtenances, and improvements on the land for storing or treating
				  petroleum-substance waste. A facility may consist of several storage or
				  treatment operational units. A facility may also be a mobile treatment
				  unit.
(24) Facility Operator--The
				  person responsible for the overall operation of a facility or an operation unit
				  (i.e., part of facility), e.g., the plant manager, superintendent, or person of
				  equivalent responsibility for the regulated activity.
(25) Facility Owner--The person who owns a
				  facility or part of a facility.
(26) Final closure--The closure of all waste
				  management units at the facility in accordance with all applicable closure
				  requirements.
(27) Generator--Any
				  person who produces petroleum-substance waste; any person who stores or treats
				  petroleum-substance waste; any person who possesses petroleum-substance waste
				  to be shipped to any other person; or any person whose act first causes the
				  petroleum-substance waste to become subject to regulation under this
				  subchapter.
(28) Groundwater--Water
				  below the land surface in a zone of saturation.
(29) Hazardous waste--Any solid waste
				  identified or listed as a hazardous waste by the administrator of the United
				  States Environmental Protection Agency pursuant to the federal Solid Waste
				  Disposal Act, as amended by the Resource Conservation and Recovery Act,
				  42 United States Code
				  6901 et seq., as amended.
(30) Inactive portion--That portion of a
				  facility which is not operated. (See also "active portion" and "closed
				  portion.")
(31) In
				  operation--Refers to a facility which is treating or storing
				  petroleum-substance waste.
(32)
				  In-situ treatment--The reduction of contaminant levels in soil or groundwater
				  which is conducted without removing the contaminated media from the
				  ground.
(33) Interim
				  registration--Authorization for a storage or treatment facility received by the
				  facility up to September 25, 1992.
(34) Land disposal facility--Any landfill,
				  surface impoundment, waste pile, injection well, or other facility at which
				  waste is finally disposed.
(35)
				  Land surface treatment facility--A facility, unit, or part of a facility at
				  which waste is applied onto a liner on the soil surface during
				  treatment.
(36) Liner--A continuous
				  layer of man-made materials, beneath and on the sides of a surface area which
				  restricts the downward and lateral escape of waste, waste constituents, or
				  leachate.
(37) Maximum allowable
				  inventory--The maximum amount of petroleum contaminated soil (not including
				  soil that meets the "Clean fill standard" criteria) that may be at a registered
				  facility at any one time. The maximum allowable inventory amount will be
				  designated in the application for registration and will be the basis for the
				  facility closure cost estimate required to meet financial assurance
				  requirements.
(38) New
				  petroleum-substance waste management facility--Any facility to be used for the
				  storage or treatment of petroleum-substance waste and which is not an existing
				  petroleum substance waste management facility.
(39) One hundred-year floodplain--Any land
				  area which is subject to a 1.0% or greater chance of flooding in any given year
				  from any source.
(40) On-site--The
				  same or geographically contiguous property which may be divided by public or
				  private rights-of-way. Noncontiguous properties owned by the same person but
				  connected by a right- of-way which that person controls and to which the public
				  does not have access, is also considered on- site property.
(41) PST-Waste Manifest--The form furnished
				  by the agency to accompany shipments of petroleum- substance waste to track the
				  movement and transference of petroleum-substance waste.
(42) Partial closure--The closure of a
				  petroleum-substance waste management unit in accordance with the applicable
				  closure requirements at a facility that contains other active
				  petroleum-substance waste management units.
(43) Personnel or facility personnel--All
				  persons who work at or oversee the operations of a waste management facility,
				  and whose actions or failure to act may result in noncompliance with the
				  requirements of this subchapter.
(44) Petroleum substance waste--Any waste,
				  excluding hazardous waste and liquid wastes, which is generated as a result of
				  a release of a petroleum substance from an underground storage tank or a
				  petroleum product from an aboveground storage tank regulated by the commission
				  pursuant to the Texas Water Code, Chapter 26, Subchapter I.
(45) Public water system--A system for the
				  provision to the public of piped water for human consumption, if such system
				  has at least 15 service connections or regularly services an average of at
				  least 25 individuals daily at least 60 days out of the year.
(46) Registration--Written authorization
				  issued by the executive director, which, by its conditions, may authorize the
				  registrant to construct, install, modify, or operate a petroleum-substance
				  waste storage or treatment facility or unit in accordance with specified
				  limitations.
(47) Representative
				  sample--A sample of a universe or whole (e.g., waste pile, groundwater) which
				  can be expected to exhibit the average properties of the universe or
				  whole.
(48) Reuse of
				  petroleum-substance wastes--The process by which a petroleum-substance waste is
				  utilized as an effective substitute for a commercial product, such as the
				  proper use as a component of stabilized road base or use as fill for LPST
				  tankholds.
(49) Run-off--Any
				  rainwater, leachate, or other liquid that drains over or into land from any
				  part of a facility, land surface treatment unit, or stockpile.
(50) Run-on--Any rainwater, leachate, or
				  other liquid that drains over land onto or into any part of a facility, land
				  surface treatment unit, or stockpile.
(51) Saturated zone or zone of
				  saturation--That part of the earth's crust in which all voids are filled with
				  water.
(52) Secondary
				  containment--A system designed and constructed to collect rainfall run-on and
				  to contain spills, leaks, or discharges within the facility without
				  environmental contamination until such waste can be removed.
(53) Shipment--Any action involving the
				  conveyance of petroleum-substance waste by any means to or from a
				  site.
(54) Sole-source aquifer--An
				  aquifer designated pursuant to the Safe Drinking Water Act, §1424(e) which
				  solely or principally supplies drinking water to an area, and which, if
				  contaminated, would create a significant hazard to public health.
(55) Spill--The spilling, leaking, pumping,
				  emitting, emptying, or dumping of wastes or materials which, when spilled,
				  become wastes into or on any land or water.
(56) Storage--The holding of
				  petroleum-substance waste for a temporary period, prior to the final treatment,
				  disposal of, reuse, or storing of the waste elsewhere.
(57) Stockpile--A soil storage area from
				  which all petroleum-substance wastes are removed for treatment or final
				  disposition and from which all wastes are removed at the time of closure of the
				  facility.
(58) Thermal treatment
				  unit--An enclosed device using controlled flame combustion, microwave, UV,
				  infrared, or other thermal treatment process.
(59) Treatment--Methods which are designed to
				  change, by physical, chemical, or biological means, the levels of contamination
				  of the waste to render the waste suitable for reuse or disposal.
(60) Treatment facility--A facility or unit
				  which treats, recycles, and/or reuses petroleum-substance wastes.
(61) Transporter--Any person who conveys or
				  transports petroleum-substance waste by truck, ship, pipeline, or other
				  means.
(62) Unsaturated zone or
				  zone of aeration--The zone between the land surface and the water
				  table.
(63) Uppermost aquifer--The
				  geologic formation nearest the natural ground surface that is an aquifer, as
				  well as lower aquifers that are hydraulically interconnected within the
				  facility's property boundary.
(64)
				  Waste management area--Any area on which one or more waste management units
				  resides.
(65) Waste management
				  unit--A contiguous area of land on or in which petroleum substance waste is
				  placed, or a structure or machine used to store or treat waste pursuant to a
				  registration issued under this subchapter. Examples of waste management units
				  include a waste stockpile, a land surface treatment area, a thermal treatment
				  unit, a stockpile, a tank and its associated piping and underlying containment
				  system, and a container storage area.
(66) Wetlands--Those areas that are inundated
				  or saturated by surface water or groundwater at a frequency and duration
				  sufficient to support, and that under normal circumstances do support, a
				  prevalence of vegetation typically adapted for life in saturated soil
				  conditions. Wetlands generally include swamps, marshes, bogs and similar
				  areas.