SECTION 279.3. Definitions

In addition to the terms defined in §3.2 of this title (relating to Definitions), the following words and terms, when used in this chapter, shall have the following meanings.

(1) 401 Certification--A certification issued by the state as authorized under the federal CWA, §401.

(2) 402 Permit--See NPDES permit.

(3) 404 Permit--A Department of the Army permit issued under the authority of the federal CWA, §404, which authorizes the discharge of dredged or fill material into waters of the United States.

(4) Activity--The construction, operation, maintenance, or modification of facilities, structures, channels, or equipment that may result in any discharge into or adjacent to waters in the state or which may otherwise affect water quality.

(5) Applicant--Any person who applies for any license or permit granted by an agency of the federal government to conduct any activity that may result in any discharge into or adjacent to water in the state.

(6) Aquatic Ecosystem--Water in the state, including wetlands, that serve as habitat for interrelated and interacting communities and populations of plants and animals.

(7) Clean Water Act--33 United States Code, §§1251 - 1387, also known as the federal Clean Water Act (CWA), §§101 - 607.

(8) Department of the Army Permits--All permits and licenses issued by the Department of the Army Corps of Engineers including 404 Permits and permits issued under the authority of the Rivers and Harbors Act of 1899, §10.

(9) Discharge--Deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of any pollutant, or to allow, permit, or suffer any of these acts or omissions.

(10) District engineer--The Department of the Army representative responsible for administering, processing, and enforcing federal laws and regulations relating to the U.S. Army Corps of Engineers, including permitting.

(11) Emergency--A condition either meeting the requirements of federal law as constituting an emergency or applicable provisions of §305.21 of this title (relating to Emergency Orders and Temporary Orders Authorized).

(12) General permit--A permit issued by a federal licensing or permitting agency on a nationwide or regional basis.

(13) Individual permit--A permit that is issued by a federal licensing or permitting agency following an evaluation of any activity including, but not limited to, the construction or operation of a facility that may result in any discharge into waters of the United States.

(14) Licensing or permitting agency--Any agency of the federal government to which application is made for any license or permit to conduct an activity that may result in any discharge into or adjacent to water in the state.

(15) Nationwide permit--A type of general permit authorized by a federal licensing or permitting agency that applies throughout the nation.

(16) National Pollutant Discharge Elimination System (NPDES) permit--A written document issued by the regional administrator of the EPA under the federal CWA, §402, which authorizes the discharge of any pollutant, or combination of pollutants, into navigable waters of the United States.

(17) Pollutant--Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into any water in the state. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farmland.

(18) Practicable--Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

(19) Regional administrator--The administrator of the EPA, Region VI.

(20) Water dependent activity--An activity that is proposed for or adjacent to an aquatic site that requires access, proximity to, or siting within an aquatic site to fulfill its basic purpose.

(21) Water Quality Standards--Texas Surface Water Quality Standards, Chapter 307 of this title (relating to Texas Surface Water Quality Standards).

Source Note: The provision of this §279.3 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693; amended to be effective October 4, 2001, 26 TexReg 7569