Section 335.342 - DefinitionsDefinitions set forth in the Act that are not specifically included in this section shall also apply. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Agreed order or agreed administrative order--An administrative order issued by the commission and agreed to by one or more PRPs for the purpose of settling potential liability for the remedial investigation and/or remedial action concerning a facility proposed for listing, or listed on, the State Registry.(2) Divisible--Hazardous substance(s) released or threatened to be released at or from a facility that are capable of being managed separately under a remedial action plan.(3) Facility--In accordance with the Act, §361.181(c), a facility means:(A) Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer, public-owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft); or(B) Any site or area where a hazardous substance has been deposited, stored, disposed of, or placed or otherwise come to be located, but does not include any consumer product in consumer use or any vessel.(4) Feasibility study (FS)--A study which describes and evaluates a set of remedial action alternatives for effectively mitigating or minimizing damage to, and for providing adequate protection of, the public health and safety and the environment in accordance with the requirements of § 335.348 of this title (relating to General Requirements for Remedial Investigations).(5) Good faith offer--A written proposal by one or more PRPs which is not contingent on participation of other PRPs which, in the judgment of the executive director, will: (A) In the case of a good faith offer to fund or perform a remedial investigation, fully and effectively determine the nature and extent of the release or threatened release of hazardous substances and its impact on air, soils, groundwater, and surface water, both within and beyond the boundaries of the facility. The executive director will not consider an offer a good faith offer unless it is an offer to fully fund or perform the remedial investigation except in a claim of divisibility; or(B) In the case of a good faith offer to fund or perform a remedial action, fully and effectively mitigate or minimize damage to, and provide adequate protection of, the public health and safety and the environment. The executive director will not consider an offer a good faith offer unless it is an offer to fully fund or perform the remedial action except in a claim of divisibility.(6) Hazard ranking system--The method used by the EPA and the agency to evaluate the relative potential of hazardous substance releases to cause health or safety problems, ecological or environmental damage. The scoring system was developed by the EPA as set out in 40 Code of Federal Regulations (CFR) Part 300, Appendix A, as amended.(7) Hazardous and Solid Waste Remediation Fee Account--The fund as described in the Texas Health and Safety Code, § 361.133.(8) Health and safety plan--A document that addresses the protection of on-site personnel and the public from potential hazards associated with implementing the remedial investigation or remedial action at a particular facility. The plan shall conform to applicable Occupational Safety and Health Administrative Rules, including but not limited to relevant portions of 29 CFR §1910 and §1926.(9) Imminent and substantial endangerment--A danger is imminent if, given the entire circumstances surrounding each case, exposure of persons or the environment to hazardous substances is more likely than not to occur in the absence of preventive action. A danger is substantial if, given the current state of scientific knowledge, the harm to public health and safety or the environment which would result from exposure could cause adverse environmental or health effects.(10) Implementation schedule--A document describing the sequence, duration and interdependency of each activity to be conducted during a remedial investigation or remedial action.(11) Nonparticipating PRPs--Potentially responsible parties who: (A) Are unwilling or unable to join in the making of a good faith offer;(B) Are unwilling or unable to become a party to an agreed order to perform an RI/FS, similar study, or remedial action; or(C) Intentionally violate the terms of an agreed order so as to substantially interfere with the achievement of the purposes of the agreed order.(12) Operation and maintenance plan--A document detailing the necessary operation and maintenance, inspection, and monitoring activities, including schedules, required to maintain the attainment of performance goals after completion of the implementation phase of the remedial action.(13) Oversight costs--All administrative costs and costs for technical and legal services incurred by the agency, or agents or contractors for the agency, incurred in the determination of superfund eligibility, identification of PRPs, oversight of the remedial investigation and remedial action, plus all such costs incurred in verifying compliance by PRPs with the terms of any agreed order which may be issued and costs incurred by the agency for delisting a site from the State Registry and cost recovery costs.(14) Potentially responsible party (PRP)--A person potentially responsible for solid waste as defined in Texas Health and Safety Code, § 361.271 and § 361.275(g).(15) Presumptive remedy--A remedy in a commission document titled "Presumptive Remedies" which describes site specific remedial alternatives for a facility in lieu of a full feasibility study as required by § 335.348 of this title.(16) Quality assurance project plan (QAPP)--A document describing in comprehensive detail the necessary quality assurance, quality control, and other technical activities that must be implemented to meet the data quality objectives during a remedial investigation or remedial action.(17) Remedial action (RA)--An action, including remedial design and post-closure care, consistent with a remedy taken instead of or in addition to a removal action in the event of a release or threatened release of hazardous substances into the environment to prevent or minimize the release of a hazardous substance so that the hazardous substance does not cause an imminent and substantial danger to present or future public health and safety or the environment. A remedial action shall be conducted in accordance with Chapter 350, Subchapter B of this title (relating to Remedy Standards).(18) Remedial action drawings and specifications--Documents that include the drawings showing the scope, extent, and character of the work to be performed during the remedial action and the written technical descriptions of materials, equipment, remediation systems, standards and workmanship to be applied during the remedial action.(19) Remedial design (RD)--A design consisting of the remedial action drawings and specifications and other documents developed for the remedial action in accordance with the requirements of § 335.349(d) of this title (relating to General Requirements For Remedial Activities).(20) Remedial investigation (RI)--An investigative study (i.e., an affected property assessment conducted in accordance with Chapter 350, Subchapter C of this title (relating to Affected Property Assessment) which may include removals and/or a feasibility study, in addition to the development of protective concentration levels in accordance with Chapter 350, Subchapter D of this title (relating to Development of Protective Concentration Levels) designed to adequately determine the nature and extent of a release or threatened release of hazardous substances and, as appropriate, its impact on air, soils, groundwater, and surface water, both within and beyond the boundaries of the facility in accordance with the requirements of § 335.348 of this title.(21) Responsible party (RP)--A person responsible for solid waste as defined in Texas Health and Safety Code, § 361.271 and § 361.275(g).(22) Sampling and analysis plan (SAP)--A document describing the specific sampling and analytical protocols to be implemented during a remedial investigation or remedial action.(23) Settlement offer--A written offer by a potentially responsible party to fund or perform less than a full and complete remedial investigation and/or remedial action.(24) Spill/release contingency plan--A document describing the sequences, procedures, and requirements to be implemented to protect both workers at the facility and the public from hazardous exposure to releases or spills resulting from the remedial action.(25) Substantial change in use--A physical or functional alteration of a facility, the effect of which is to interfere significantly with a proposed or ongoing remedial investigation, proposed, ongoing, or completed remedial action or to expose public health and safety or the environment to a significantly increased threat of harm. The term includes, but is not limited to, actions such as the erection or razing of a building or other structure at the facility, the use of a facility for agricultural production, the paving over of a facility, the creation of a park or other public or private recreational use on the facility, and any other alteration of the site or activity which could interfere with the performance of a remedial investigation or remedial action.30 Tex. Admin. Code § 335.342
The provisions of this §335.342 adopted to be effective September 9, 1991, 16 TexReg 4624; amended to be effective July 22, 1998, 23 TexReg 7369; amended to be effective September 23, 1999, 24 TexReg 7426; amended to be effective November 15, 2001, 26 TexReg 9135