SECTION 311.101. Definitions

The following words and terms, when used in this subchapter, have the following meanings.

(1) Aggregate Production Operation (APO)--As defined in Chapter 342 of this title (relating to Regulation of Certain Aggregate Production Operations).

(2) Best management practices (BMPs)--Schedules of activities, prohibitions of practices, maintenance procedures, and other techniques to control, prevent or reduce the discharge of pollutants into surface water in the state. The BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spills or leaks, sludge or waste disposal, or drainage from raw material storage areas.

(3) Infeasible--Not technologically possible or not economically practicable and achievable in light of best industry practices.

(4) Minimize--To reduce or eliminate to the extent achievable using control measures that are technologically available and economically practicable and achievable in light of best industry practices.

(5) Operator--A person responsible for the management of an aggregate production operation (APO) facility subject to the provisions of this subchapter. The APO facility operators include entities with operational control over APO regulated activities, including the ability to modify those activities; or entities with day-to-day operational control of activities at a facility necessary to ensure compliance with this subchapter (e.g., the entity is authorized to direct workers at a facility to carry out activities required by this subchapter).

(6) Sand Mining Facilities--The aggregate production operations (APOs) engaged in activities described by Standard Industrial Classification codes 1442 and 1446, concerning industrial and construction sand. Additionally, this applies to any other APO that the executive director has determined to be a sand mining facility by sending written notice to the APO operator.

(7) San Jacinto River Watershed--Those portions of the San Jacinto River Watershed that includes the watersheds of the following and its tributaries:

Attached Graphic

(A) the East Fork of the San Jacinto River in Montgomery, Harris and Liberty Counties;

(B) Peach Creek in Montgomery County;

(C) Caney Creek in Montgomery and Harris Counties;

(D) the West Fork of the San Jacinto River from the Lake Conroe Dam in Montgomery and Harris Counties to the Lake Houston Dam in Harris County;

(E) Lake Creek in Montgomery and Grimes Counties;

(F) Spring Creek in Montgomery and Harris Counties; and

(G) Cypress Creek in Harris and Waller Counties.

(8) Storm Event--A precipitation event that results in a measurable amount of precipitation.

Source Note: The provisions of this §311.101 adopted to be effective January 6, 2022, 46 TexReg 9401