Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 3 - DEFINITIONS › Section 3.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this part, shall
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Agency--The commission,
				executive director, and their staffs.
(2) APA--The Texas Administrative Procedure
				Act, Texas Government Code, Chapter 2001.
(3) Applicant--A person who submits an
				application to the commission.
(4)
				Application--A petition or written request to the commission for an order,
				permit, license, registration, standard exemption, or other approval.
(5) CERCLA (Superfund)--Comprehensive
				Environmental Response, Compensation, and Liability Act, 42 United States Code
				(USC), §§9601 - 9675 (1980, as amended).
(6) Chairman--The chairman of the
				commission.
(7) Chief clerk--The
				chief clerk of the commission or any authorized individual designated by the
				chief clerk to act in his or her place.
(8) Commission--As of September 1, 2002, the
				agency's name shall be the Texas Commission on Environmental Quality. In these
				rules, the term "commission" means the commissioners acting in their official
				capacity.
(9) Commissioner--A
				member of the commission.
(10)
				Contested case--A proceeding subject to the contested case requirements of the
				APA.
(11) CWA--Clean Water Act,
				Federal Water Pollution Control Act,
				33 USC,
				§§1251 -
				1387
				(1977, as amended).
(12)
				Enforcement action--An action, initiated by the executive director, seeking an
				enforcement order.
(13) Enforcement
				order--Any commission order enforcing or directing compliance with any
				provisions; whether of statutes, rules, regulations, permits or licenses, or
				orders; which the commission is entitled by law to enforce or with which the
				commission is entitled by law to compel compliance.
(14) EPA--The United States Environmental
				Protection Agency, the Administrator of the EPA, or his/her designee.
(15) EPCRA--The Emergency Planning and
				Community Right-To-Know Act,
				42
				USC, §§11001 -
				11050(1986).
(16) Executive director The executive
				director of the commission, or any authorized individual designated to act for
				the executive director.
(17)
				FCAA--The Federal Clean Air Act,
				42 USC,
				§§7401 -
				7671q
				(1970, as amended).
(18) FIFRA--The
				Federal Insecticide, Fungicide, and Rodenticide Act, 7 USC, §§135 -
				136y
				(1972, as amended).
(19) General
				counsel--The general counsel of the commission, or any authorized individual
				designated by the general counsel to act in his or her place.
(20) Judge A SOAH administrative law
				judge.
(21) NEPA--The National
				Environmental Policy Act,
				42 USC,
				§§4321 -
				4370e
				(1969, as amended).
(22) Open
				Meetings Act--Texas Open Meetings Act, Texas Government Code, Chapter
				551.
(23) Party--Each person named
				or admitted as a party in a contested case.
(24) Permit--Written permission from the
				commission, including a license or other authorization, to engage in a business
				or occupation, to perform an act (such as to build, install, modify, or operate
				a facility), or to engage in a transaction, which would be unlawful absent such
				permission.
(25) Person--An
				individual, corporation, organization, government or governmental subdivision
				or agency, business trust, partnership, association, or any other legal
				entity.
(26) Pleadings--Written
				allegations filed by parties concerning their respective claims, such as
				applications, protests, complaints, claims, petitions, executive director
				preliminary reports, answers, motions, and other similar documents, including
				those submitted by the executive director and the public interest
				counsel.
(27) PPA--Pollution
				Prevention Act,
				42 USC,
				§§13101 -
				13109(1990).
(28) Protestant--Any person opposing, in
				whole or in part, an application.
(29) Public Information Act--Texas Public
				Information Act, Texas Government Code, Chapter 552.
(30) Public interest counsel--The public
				interest counsel of the commission, or any authorized individual designated by
				the public interest counsel to act in his or her place.
(31) RCRA--The Resource Conservation and
				Recovery Act,
				42 USC,
				§§6901 -
				6991i (1976, as
				amended).
(32) SARA--Superfund
				Amendments and Reauthorization Act, Public Law Number 99-499, 100 Stat.1613
				(codified as amended in scattered sections of 10 USC, 26 USC, and 42 USC)
				(1986).
(33) SDWA--Safe Drinking
				Water Act,
				42
				USC, §§300f -
				300j-26
				(1974, as amended).
(34) SOAH--The
				State Office of Administrative Hearings.
(35) TCAA--The Texas Clean Air Act, Texas
				Health and Safety Code (THSC), Chapter 382.
(36) TRCA--The Texas Radiation Control Act,
				THSC, Chapter 401.
(37) TSCA--Toxic
				Substances Control Act,
				15 USC,
				§§2601 -
				2692
				(1976, as amended).
(38) TSWDA--The
				Texas Solid Waste Disposal Act, THSC, Chapter 361.