Section 335.322 - DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Affidavit of exclusion--A sworn statement by a permit applicant in support of an exclusion or exemption from permitting pursuant to § 335.2(c) of this title (relating to Permit Required) or § 335.43(b) of this title (relating to Permit Required).(2) Authorized hazardous waste management unit--A unit at a hazardous waste management facility which is authorized by permit or which is identified in an application submitted pursuant to and in accordance with § 335.2(c) of this title or § 335.43(b) of this title.(3) Captured facility--A manufacturing or production facility which generates an industrial solid waste or hazardous waste which is routinely stored, processed, or disposed, on a shared basis, in an integrated waste management unit owned and operated by and located within a contiguous manufacturing facility.(4) Class 1 waste--Any industrial solid waste or mixture of industrial solid wastes meeting the definition of Class 1 waste under § 335.1 of this title (relating to Definitions).(5) Class 1 nonhazardous waste--Any Class 1 waste which is not a hazardous waste as defined in this section.(6) Commercial hazardous waste storage, processing, and disposal facility--Any facility which accepts a hazardous waste for storage, processing (including incineration), or disposal from an off-site generator for a charge.(7) Commercial waste storage, processing, and disposal facility--Any facility which accepts an industrial solid waste or a hazardous waste for storage, processing (including incineration), or disposal for a charge.(8) Dry weight--The weight of all constituents other than water.(9) Generator--Any 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 become subject to regulation by the commission.(10) Generator of hazardous waste or generator--Any person whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation by the commission.(11) Hazardous waste--Those solid wastes not otherwise exempted which have been identified or listed as hazardous wastes by the administrator of the EPA pursuant to the federal Solid Waste Disposal Act, 42 United States Code §§6901 et seq., as amended.(12) Hazardous waste fuel--A hazardous waste or blend of hazardous wastes to be burned for energy recovery which, for the purposes of assessment of fees under this section, is not subject to regulation under 40 Code of Federal Regulations (CFR) Part 264 (or Part 265) Subpart O, relating to incinerators.(13) Industrial solid waste--A solid waste meeting the definition of industrial solid waste under § 335.1 of this title.(14) Injection well--As provided in the Texas Water Code (TWC), §27.002(11).(15) Interim status--The status of any person who owns or operates a facility required to have a permit under this chapter, and who is required to submit an application for a permit pursuant to § 335.2(c) of this title or § 335.43(b) of this title.(16) Land disposal facility--Any landfill, surface impoundment (excluding an impoundment treating, processing, or storing waste that is disposed pursuant to TWC, Chapter 26 or Chapter 27), waste pile, facility at which land farming, land treatment, or a land application process is used, or an injection well. Land disposal does not include the normal application of agricultural chemicals or fertilizers.(17) Noncommercial waste storage, processing, or disposal facility--Any facility that accepts an industrial solid waste or a hazardous waste for storage, processing, (including incineration), or disposal for no charge or that stores, processes, or disposes of wastes generated on-site by the facility.(18) On-site land disposal facility--A hazardous waste unit which meets the definition of land disposal facility of this section and on-site disposal as defined in § 335.1 of this title.(19) Processing--For the purposes of this subchapter, the term "processing" has the same meaning as defined in § 335.1 of this title.(20) Recycled--For the purposes of this subchapter, a waste is recycled if it is used, reused, or reclaimed in a manner consistent with the definition of a recyclable material or nonhazardous recyclable material under § 335.17 of this title (relating to Special Definitions for Recyclable Materials and Nonhazardous Recyclable Materials) and § 335.24 of this title (relating to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials).(21) Terminal operations--Nonmanufacturing facilities that provide storage and transfer services for commercial chemical products or chemical intermediates listed in 40 CFR §261.33.30 Tex. Admin. Code § 335.322
The provisions of this §335.322 adopted to be effective October 31, 1985, 10 TexReg 4090; amended to be effective July 3, 1986, 11 TexReg 2894; amended to be effective September 1, 1986, 11 TexReg 3697; amended to be effective September 12, 1990, 15 TexReg 4957; amended to be effective March 19, 1992, 17 TexReg 1737; amended to be effective February 16, 1994, 19 TexReg 802; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective July 18, 2002, 27 TexReg 6315