Section 352.3 - Definitions(a) The commission adopts by reference 40 Code of Federal Regulations §257.53 (Definitions) as amended through the July 2, 2015, issue of the Federal Register (80 FR 37988), subject to the exceptions, modifications, and additions under this section.(b) The terms used in this chapter that are not defined under this section are not given the definitions found in the United States Resource Conservation and Recovery Act.(c) The words and terms used in this chapter also have the meanings in Chapter 3 of this title (relating to Definitions) and the following additional meanings. (1) Disposal--The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste as defined in § 335.1 of this title (relating to Definitions) into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. For purposes of this chapter, disposal does not include the storage or the beneficial use of coal combustion residuals.(2) Impacted property--The entire area (i.e., on-site and off-site) containing any constituents listed in Appendix IV of § 352.1431 of this title (relating to Appendix IV - Constituents for Assessment Monitoring) that have been detected at statistically significant levels exceeding the groundwater protection standards as determined in this chapter from a unit subject to this chapter.(3) Leachate--Any liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such wastes.(4) Licensed professional geoscientist--A geoscientist who holds a valid license issued by the Texas Board of Professional Geoscientists under the Texas Geoscience Practice Act.(5) Off-site--Property which cannot be characterized as on-site.(6) On-site--The same or geographically contiguous property which may be divided by public or private rights-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing, as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access, is also considered on-site property.(7) Publicly accessible website--A website at which all information required to be posted is immediately available to anyone visiting the website, without requiring any prerequisite, such as a registration or submittal of personal information, including an e-mail address, or requirement to submit a document request. All required information must be clearly identifiable and must be able to be printed and downloaded by anyone accessing the website.(8) Registration--Written authorization of specific solid waste management activities relating to certain coal combustion residuals, as authorized by this chapter.30 Tex. Admin. Code § 352.3
Adopted by Texas Register, Volume 45, Number 21, May 22, 2020, TexReg 3492, eff. 5/28/2020