Texas Register, Volume 11, Number 8, Pages 484-569, January 28, 1986 Page: 508
484-569 p. ; 28 cm.View a full description of this periodical.
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(B) Materials that are identified
by the administrator of the Environmental
Protection Agency as inherently waste-like
materials under 40 Code of Federal Regula-
tions 261.2(d) are solid wastes when they
are recycled in any manner.
(F) Materials are not solid wastes
when they can be shown to be recycled by
being:
(i) used or reused as ingredi-
ents in an industrial process to make a pro-
duct, provided the materials are not being
reclaimed;
(ii) used or reused as effective
substitutes for commercial products; or
(lil) returned to the original
process from which they were generated,
without first being reclaimed. The material
must be returned as a substitute for raw
material feedstock, and the process must use
raw materials as principal feed-
stocks.
(G) The following materials are
solid wastes, even if the recycling involves
use, reuse, or return to the original process,
as described in subparagraph (F) of this
paragraph:
(i) materials used in a manner
constituting disposal, or used to produce
products that are applied to the land;
(ii) materials burned for
energy recovery, used to produce a fuel, or
contained in fuels;
(iii) materials accumulated
speculatively; or
(iv) materials deemed to be in-
herently waste-like by the Administrator of
the Environmental Protection Agency, as
described in 40 Code of Federal Regulations
261.2(d).
(H) Respondents in actions to
enforce the industrial solid waste regulations
who raise a claim that a certain material is
not a solid waste, or is conditionally exempt
from regulation, must demonstrate that there
is a known market or disposition for the
material, and that they meet the terms of the
exclusion or exemption. In doing so, they
must provide appropriate documentation
such as contracts showing that a second per-
son uses the material as an ingredient in a
production process) to demonstrate that the
material is not a waste, or is exempt from
regulation. In addition, owners or operators
of facilities claiming that they actually are
recycling materials must show that they have
the necessary equipment to do soand that the
recycling activity is legitimate and beneficial.
(1) Materials that are reclaimed
from solid wastes and that are used bene-
ficially are not solid wastes and hence are not
hazardous wastes under 40 Code of Federal
Regulations 261.3(c) unless the reclaimed
material is burned for energy recovery or us-
ed in a manner constituting disposal.
Spill-The accidental spilling, leak-
ing, pumping, emptying, or dumping of
hazardous wastes or materials , when spill-
ed, become hazardous wastes into or on any
land or water.Storage-The holding of solid waste
for a temporary period, at the end of which
the waste is processed, disposed of, recycl-
ed, or stored elsewhere;
Surface impoundment or impound-
ment-A facility or part of a facility which
is a natural topographic depression, man-
made excavation, or diked area formed
primarily of earthen materials (although it
may be lined with man-made materials),
which is designed to hold an accumulation
of liquid waste or wastes containing free li-
quids, and wh; i is not an injection well. Ex-
amples of surface impoundments are
holding, storage, settling, and aeration pits,
ponds, and lagoons.
Tank-A stationary device, designed
to contain an accumulation of hazardous
waste which is constructed primarily of non-
earthen materials (e.g., wood, concrete, steel,
plastic) which provide structural support.
Thermal processing--The processing
of hazardous waste in a device which uses
elevated temperatures as the primary means
to change the chemical, physical, or
biological character or composition of the
hazardous waste. Examples of thermal pro-
cessing are incineration, molten salt,
pyrolysis, calcination, wet air oxidation, and
microwave discharge.(See also incinerator
and open burning.)
Totally enclose, treatment facil-
ity-A facility for the processing of hazard-
ous waste which is directly connected to an
industrial production process and which is
constructed and operated in a manner which
prevents the release of any hazardous waste
or any constituent thereof into the environ-
ment during processing. An example is a
pipe in which acid waste is neutralized.
Transfer facility-Any transporta-
tion-related facility including loading docks,
parking areas, storage areas and other
similar areas where shipments of hazardous
waste are held during the normal course of
transportation.
Transport vehicle-A motor vehicle
or rail car used for the transportation of
cargo by any mode. Each cargo carrying
body (trailer, railroad freight car, etc.) is a
separate transport vehicle. The term Vessel,
includes every description of watercraft, used
or capable of being used as a means of
transportation on the wa-
ter.
Transporter-Any person who con-
veys or transports municipal hazardous
waste or industrial solid waste by truck, ship,
pipeline,or other means.
Treatment zone-A soil area of the
unsaturated zone of a land treatment unit
within which hazardous constituents are
degraded, transferred, or immobil-
ized.
Underground injection-The subsur-
face emplacement of fluids through a bored,
drilled, or driven well; or through a dug well,
where the depth of the dug well is greater
than the largest surface dimension. (See also
injection well.)Unsaturated zone o f&V
tion-The zone between the land surface and
the water table.
Uppermost aquifer-The geologic
formation nearest the natural ground surface
that is an aquifer, as well as lower aquifers
that are hydraulically interconnected within
the facility's property boundary.
Wastewater treatment unit-A device
which:
(A) is part of a wastewater treat-
met facility subject to regulation under
either the Federal Water Pollution Control
Act (Clean Water Act), 33 United States
Code 466 et .seq., 402 or 308(b);
(B) receives and processes or
stores an influent wastewater which is a
hazardous waste, or generates and accumu-
lates a wastewater treat ment sludge which
is a hazardous waste, or processes or stores
a wastewater treatment sludge which is a
hazardous waste; and
(C) meets the definition of tank
as defined in this section.
Water (bulk shipment)-The bulk
transportation of municipal hazardous waste
or Class I industrial solid waste which is
loaded or carried on board a vessel without
containers or labels.
Well--Any shaft or pit dug or bored
into the earth, generally of a cylindrical
form, and often walled with bricks or tub-
ing to prevent the earth from caving in.
335.2. Permit Required.
(a) Except with regard to storage, pro-
cessing, or disposal to which subsections (c)-
(f) of this section apply, and as provided in
335.45(b) of this title (relating to Effect on
Existing Facilities), and in accordance with
the requirements of 335.24 of this title
(relating to Requirements for Recyclable
Materials 'and Nonhazardous Recyclable
Materials), no person may cause, suffer,
allow, or permit any activity of storage, pro-
cessing, or disposal of any industrial solid
waste or municipal hazardous waste unless
such activity is authorized by a permit,
amended permit, or other authorization
from the Texas Water Commission or its
predecessor agencies, the Texas Department
of Health, or other valid authorization from
a Texas state agency. No person may com-
mence physical construction of a new hazar-
dous waste management facility without first
having submitted Part A and Part B of the
permit application and received a finally ef-
fective permit.
(b) In accordance with the require-
ments of subsection (a) ofthis section, no
generator, transporter, owner or operator of
a facility, or any other person may cause,
suffer, allow, or permit its wastes to be
stored, processed, or disposed of at an
unauthorized facility or in violation of a per-
mit. In the event this requirement is violated,
the executive director will seek recourse
against not only the person who sted, pro-
cessed, or disposed of the waste, b4, a
against the generator, transporter, owner orJanuary 28, 1986 11 1-R'ieg b
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4 Proposed Rules
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Texas. Secretary of State. Texas Register, Volume 11, Number 8, Pages 484-569, January 28, 1986, periodical, January 28, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243756/m1/26/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.