Section 335.442 - DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Contaminated property--Property on which hazardous substances in known or potentially harmful quantities have been released, spilled, leaked, pumped, poured, emitted, entered, or dumped.(2) Emergency--Any situation in which an immediate threat to public health and safety exists from releases or threatened releases of hazardous substances on contaminated property.(3) Hazardous substances--(A) A substance designated pursuant to the Federal Water Pollution Control Act, §311(b)(2)(A), as amended (33 United States Code 1321).(B) An element, compound, mixture, solution, or substance designated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, §102, as amended (42 United States Code 9602).(C) A hazardous waste having the characteristics identified under or listed pursuant to the federal Solid Waste Disposal Act, §3001, as amended (42 United States Code 6921), excluding waste, the regulation of which under the federal Solid Waste Disposal Act (42 United States Code 6901 et seq.) has been suspended by Act of Congress.(D) A toxic pollutant listed under the Federal Water Pollution Control Act, §307(a), as amended (33 United States Code 1317).(E) A hazardous air pollutant listed under the federal Clean Air Act, §112, as amended (42 United States Code 7412).(F) Any imminently hazardous chemical substance or mixture with respect to which the administrator of the Environmental Protection Agency has taken action pursuant to the Toxic Substances Control Act, §7 (15 United States Code 2606).(G) Does not include petroleum, which means crude oil or any fraction thereof that is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A)-(F) of this definition; nor does it include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel mixtures of natural gas and synthetic gas; nor does it include waste materials which result from activities associated with the exploration, development, or production of oil or gas or geothermal resources or any other substance or material regulated by the Railroad Commission of Texas pursuant to the Natural Resources Code, § 91.101.(4) Property owner--The person or persons who own contaminated property.(5) Remedial action--This term shall have the same meaning as in Subchapter K of this chapter (relating to Hazardous Waste Facilities Assessment and Remediation).(6) Warning sign--A sign which provides public notice that a particular property is contaminated with hazardous substances and that entry on the property presents a potential hazard to public health and safety. The sign may either be placed by the commission or made and placed in accordance with commission specifications.(7) Written consent form--A document signed by the property owner which states that the property owner agrees to the placement of warning signs on his property. The document shall be signed as follows.(A) If the property owner is an individual, the written consent form shall be signed by the property owner or the property owner's approved agent. An agent shall provide written evidence of his or her authority to represent the property owner. If the property owner is an individual doing business under an assumed name, an assumed name certificate must be obtained from the county clerk of the county in which the principal place of business or the contaminated property is located.(B) If the property is jointly owned, the written consent form shall be signed by each property owner or each property owner's duly authorized agent, with written evidence of such agency relationship to be submitted with the written consent form. If land is owned by both husband and wife, each shall sign the written consent form. If the joint owners are doing business under an assumed name, an assumed name certificate must be obtained from the county clerk of the county in which the principal place of business or the contaminated property is located.(C) If the property is owned by a partnership, the written consent form shall be signed by one of the general partners. If the partnership is doing business under an assumed name, an assumed name certificate must be obtained from the county clerk of the county in which the principal place of business or the contaminated property is located.(D) If the property is part of an estate or guardianship, the written consent form shall be signed by the duly appointed guardian or representative of the estate and a current copy of any and all document(s) issued by the court appointing the guardian or the representative of the estate shall be attached to the written consent form.(E) If the property owner is a corporation, public district, county, municipality, or other corporate entity or political subdivision, the written consent form shall be signed by a duly authorized official. Written evidence in the form of bylaws, charters, or resolutions which specify the authority of the official to take such action shall be submitted. A corporation may file a corporate affidavit as evidence of the official's authority to sign.(F) If the signatory is acting as trustee for another person, the signatory shall sign as trustee, and in the written consent form shall disclose the nature of the trust agreement and give the name and current address of each trust beneficiary. Each signatory shall subscribe to and swear to the written consent form before a person entitled to administer oaths, who shall also sign his or her name and affix his or her seal of office to the written consent form.30 Tex. Admin. Code § 335.442
The provisions of this §335.442 adopted to be effective October 31, 1990, 15 TexReg 6068.